NICHOLSON, J.
Prosecutorial delay, during which a witness favorable to the defense dies, may violate state due process and speedy trial guarantees. If, however, the lost testimony may nonetheless be presented to the jury by other means, such as an instruction to the jury, the prejudice can be substantially mitigated, thus affording due process and a fair trial.
Here, the trial court, rather than fashioning a less severe remedy, dismissed the case because a...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
