California v. Booth
Annotate this CaseThis case arose out of a deadly shooting that took place in 1992. Several suspects were identified in the wake of the shooting, but the case was not prosecuted until 2011. By that time, an eyewitness who had exonerated petitioner Darrell Booth could not be found, and the case proceeded to trial in his absence. Even without this favorable defense witness, the jury acquitted Booth of first degree murder, and found him guilty of second degree murder. In this consolidated proceeding, Booth challenged his conviction by direct appeal and petition for writ of habeas corpus. Among the claims in his habeas petition, Booth argued his trial attorney was ineffective for failing to move to dismiss the case based on precharging delay. After review, the Court of Appeals agreed with this contention, granted Booth’s petition, reversed the judgment and remanded the matter for a new trial. In light of this disposition, Booth’s appeal was moot.
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