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STATE EX REL. GARCIA v. GOLDMAN

No. SC 90833.

316 S.W.3d 907 (2010)

STATE ex rel. David T. GARCIA, Relator, v. The Honorable Steven H. GOLDMAN, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied August 31, 2010.

Attorney(s) appearing for the Case

Joseph Yeckel, Law Office of Joseph F. Yeckel LLC, and Grant J. Shostak, Shostak & Shostak LLC, St. Louis, for Relator.

Robert P. McCulloch, David R. Truman and John Quarenghi, St. Louis County Prosecuting Attorney's Office, Clayton, for the State.

John L. Davidson, John L. Davidson PC, St. Louis, for Missouri Association of Criminal Defense Lawyers, which filed a brief as a friend of the Court.

MICHAEL A. WOLFF, Judge.

Introduction

David Garcia was indicted eight years ago for a shooting that occurred 12 years ago in Kirkwood. Although he has been employed, paying taxes and living openly in Chicago for the past 10 years, the police made no serious attempt to find him until 2009, when a police officer looked him up in a computer database. After his arrest in Chicago and return to St. Louis County for trial, Garcia moved to dismiss the charge, contending...

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