State v. Blake
Annotate this CaseDefendant was charged with seven sex offenses and one offense of tampering with evidence. Less than one week before trial, Defendant filed a motion to dismiss the case with prejudice, contending that several motions recently filed by the State were untimely and that the State committed discovery violations. The district court conducted an emergency in-chambers conference that afternoon, but Defendant did not appear at the conference. During the conference, the district court vacated the trial date and continued the jury trial to a later date. The district court then denied Defendant’s motion to dismiss. After a jury trial, Defendant was found guilty of three counts of sexual assault. Defendant appealed the district court’s denial of his motion dismiss, arguing that he was prejudiced by his absence at the emergency hearing. The Supreme Court affirmed, holding that there was no reasonable possibility that Defendant’s absence from the emergency conference caused him prejudice.
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