The opinion of the court was delivered by COLLESTER, J.A.D.
Pursuant to leave granted, the State appeals from an order denying its motion for recusal of the hearing judge and dismissing count one of Indictment 99-01-0001 based on prosecutorial vindictiveness.
On March 12, 1996, at approximately 12:30 a.m. John McGovern, one of nine Scottish tourists, was walking along the eastbound side of Route 3 in Clifton, in the same direction as the flow of traffic. McGovern...
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