State of Maine v. Louis

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STATE OF MAINE KENNEBEC, SS. SUPERIOR COURT CRIMINAL ACTION Docket No. CR-10-25 D.:.. STATE OF MAINE v. NIXON A. LOUIS, ~,A' \"'~ Iv \. i:-:T. J'j -. , . . ¢ ') /, .' '~,Oll , ORDER DENYING MOTION FOR SPEEDY TRIAL AND/OR MOTION TO DISMISS WITH PREJUDICE Defendant Defendant filed this pending motion with the court on February 25, 2011. Argument was presented to the court by counsel for the defendant and the assistant district attorney on March 7, 2011. On March 4, 2011, the attorney for the State filed a dismissal of the pending indicbnent against the defendant pursuant to Rule 48(a) of the Maine Rules of Criminal Procedure. Defendant argues that, despite the State's filing of its motion to dismiss, that the defendant's motion for dismissal with prejudice should still be granted. Defendant contends that the delay, which has already occurred in this case, as well as the subsequent delay, which would likely occur if the defendant were to be re-indicted, creates sufficient prejudice warranting a dismissal of this pending matter with prejudice. Although the State filed its dismissal pursuant to M.R. Crim. P. 48(a) after the filing of the defendant's motion to dismiss, the court is not persuaded that the State's dismissal becomes ineffective. Rule 48(a) provides broad authority to the attorney for the State to file a written dismissal of an indicbnent with no limits to the timing of such a filing if the trial has not already commenced. It is not disputed that the trial has not commenced in the pending matter, and thus no issue of jeopardy has been presented. Thus, despite the prior filing (by seven days) of the defendant's motion to dismiss with prejudice, the language of Rule 48(a), as well as the case law addressing this same rule as set forth in State v. Dumont, 552 A.2d 1 (Me. 1988), suggest that the prosecution regarding the case for which a dismissal has been filed pursuant to Rule 48(a) shall terminate upon the filing of such a dismissal. The court will note that the defendant is not precluded from filing a motion to dismiss any future prosecution should the State seek to pursue such. The court does not, in any way, address the merits of the defendant's motion based upon alleged undue delay or prejudice to him. Accordingly, the defendant's motion for a speedy trial is deemed moot based upon the filing of the dismissal by the State, and the defendant's motion to dismiss with prejudice is hereby denied. DATED: 2 STATE OF MAINE vs NIXON A LOUIS 119 CENTER STREET MANCHESTER CT 06040 SUPERIOR COURT KENNEBEC, ss. Docket No AUGSC-CR-2010-00025 DOCKET RECORD DOB: 03/28/1970 Attorney: WILLIAM BAGHDOYAN WILLIAM BAGHDOYAN, ATTORNEY AT LAW 72 WINTHROP STREET SUITE 2 AUGUSTA ME 04330 APPOINTED 01/03/2011 State's Attorney: EVERT FOWLE Charge(s) 1 UNLAWFUL TRAFFICKING IN SCHEDULED DRUGS Seq 8541 17-A 1103 (l-A) (A) Class B CLOUTIER / WAT 2 UNLAWFUL POSSESSION OF SCHEDULED DRUG Seq 8571 17-A 1107-A(1) (C) Class D 01/07/2010 WATERVILLE 01/07/2010 WATERVILLE Charged with COMPLAINT on Suppleme 3 CRIMINAL FORFEITURE OF PROPERTY Seq 7049 15 5826 Class U 01/07/2010 WATERVILLE Docket Events: 01/14/2010 FILING DOCUMENT - NON CASH BAIL BOND FILED ON 01/07/2010 01/14/2010 BAIL BOND - $20,000.00 UNSECURED BAIL BOND FILED ON 01/12/2010 Bail Amt: $20,000 Date Bailed: 01/07/2010 01/21/2010 Charge(s): 1 INITIAL APPEARANCE SCHEDULED FOR 03/23/2010 @ 8:30 HEARING NOTICE TO PARTIES/COUNSEL 01/21/2010 Charge(s): 1,2 SUPPLEMENTAL FILING - COMPLAINT FILED ON 01/21/2010 02/22/2010 Party(s): NIXON A LOUIS ATTORNEY - RETAINED ENTERED ON 02/22/2010 Attorney: JOHN ALSOP 02/22/2010 Charge(s): 1 HEARING - INITIAL APPEARANCE NOTICE SENT ON 02/22/2010 03/23/2010 Charge(s): 1 INITIAL APPEARANCE HELD ON 03/23/2010 HEARING JOHN NIVISON, JUSTICE DA: BRAD GRANT 03/23/2010 Charge(s): 1,2 HEARING - STATUS CONFERENCE SCHEDULED FOR 05/11/2010 @ 10:00 Page 1 of 7 Printed on: 03/07/2011 NIXON A LOUIS AUGSC-CR-2010-00025 DOCKET RECORD 03/23/2010 Charge(s): 1,2 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 03/23/2010 03/23/2010 BAIL BOND - UNSECURED BAIL BOND CONTINUED AS POSTED ON 03/23/2010 Date Bailed: 01/07/2010 05/11/2010 Charge(s): 1,2 HEARING - STATUS CONFERENCE HELD ON 05/11/2010 NANCY MILLS , JUSTICE Defendant Present in Court 05/11/2010 Charge(s): 1,2 HEARING - STATUS CONFERENCE SCHEDULED FOR 07/13/2010 @ 10:00 05/11/2010 Charge (s) : 1,2 HEARING - STATUS CONFERENCE NOTICE SENT ON 05/11/2010 OS/26/2010 Charge (s) : 1,2,3 HEARING - ARRAI GNMENT SCHEDULED FOR 06/29/2010 @ 8:30 OS/26/2010 Charge (s) : 1,2 HEARING - STATUS CONFERENCE NOT HELD ON OS/26/2010 OS/26/2010 Charge(s): 1,2,3 HEARING - ARRAIGNMENT NOTICE SENT ON OS/26/2010 06/02/2010 MOTION - MOTION TO REVOKE BAIL FILED BY STATE ON 06/02/2010 REQUEST FOR A WARRANT 06/09/2010 HEARING - MOTION TO REVOKE BAIL HELD ON 06/09/2010 JOHN NIVISON, JUSTICE Defendant Present in Court TAPE 354, INDEX 2100 CONTINUED TO 6/14/2010 06/09/2010 BAIL BOND - NO BAIL ALLOWED SET BY COURT ON 06/09/2010 JOHN NIVISON, JUSTICE 06/09/2010 HEARING - MOTION TO REVOKE BAIL SCHEDULE OTHER COURT ON 06/14/2010 @ 8:30 SKOSC 06/10/2010 HEARING - MOTION TO REVOKE BAIL NOTICE SENT ON 06/10/2010 PARTIES OF RECORD 06/10/2010 Charge(s): 1,2,3 HEARING - ARRAIGNMENT NOT HELD ON 06/09/2010 DEF WAS ARRAIGNED IN SKOSC THIS DATE 06/10/2010 Charge(s): 1,2,3 HEARING - ARRAIGNMENT HELD ON 06/09/2010 JOHN NIVISON, JUSTICE Defendant Present in Court READING WAIVED. DEFENDANT INFORMED OF CHARGES. Page 2 of 7 COpy OF INDICTMENT/INFORMATION GIVEN TO Printed on: 03/07/2011 NIXON A LOUIS AUGSC-CR-2010-00025 DOCKET RECORD DEFENDANT. 21 DAYS TO FILE MOTIONS HELD AT SKOSC ON ER, TAPE 354, INDEX 2100 06/10/2010 Charge(s): 1,2,3 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 06/09/2010 06/11/2010 MOTION 06/21/2010 HEARING - MOTION TO REVOKE BAIL FILED BY STATE ON 06/11/2010 OTHER HEARING SCHEDULED FOR 06/24/2010 @ 8:15 NOTICE TO PARTIES/COUNSEL APPEARANCE ON MOTION TO REVOKE BAIL 06/21/2010 WRIT - HABEAS CORPUS TO PROSECUTE ISSUED ON 06/21/2010 INITIAL CERTIFIED COPY TO SHERIFF DEPT. 06/24/2010 HEARING - OTHER HEARING HELD ON 06/24/2010 NANCY MILLS , JUSTICE Attorney: JOHN ALSOP DA: JAMES MITCHELL 06/24/2010 HEARING - OTHER HEARING CONTINUED ON 06/24/2010 NANCY MILLS , JUSTICE TO BE CONTINUED 6/25/10 06/24/2010 HEARING - OTHER HEARING SCHEDULED FOR 06/25/2010 @ 8:00 NANCY MILLS , JUSTICE CONTINUATION OF HEARING ON MOTION TO REVOKE BAIL 06/25/2010 HEARING - OTHER HEARING HELD ON 06/25/2010 NANCY MILLS , JUSTICE Attorney: JOHN ALSOP DA: JAMES MITCHELL Defendant Present in Court TAPE#1324, INDEX#1072-1272 06/25/2010 BAIL BOND - $2,500.00 CASH BAIL BOND SET BY COURT ON 06/25/2010 NANCY MILLS, JUSTICE CONCURRENT WITH SOMERSET CASE CR-10-182 NO USE OR POSSESSION OF INTOXICANT AND RANDOM SEARCH AND TEST FOR INTOXICANTS. NO CONTACT IWTH TESLA GORDON, LINDSAY PHILBRICK, JAMES ANDERSON AND JAMES GORDON. CURFEW 8PM TO 7AM AND TO RESIDE AT 16 PARK ST WATERVILLE MAINE AND HE MUST PROVIDE THE COURT OF HIS GIRLFRIEND FULL NAME AND APARTMENT # BEFORED BEIG BAILED. 06/29/2010 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 06/29/2010 Attorney: JOHN ALSOP 06/29/2010 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 06/29/2010 Attorney: 07/01/2010 HEARING - JOHN ALSOP MOTION TO SUPPRESS SCHEDULED FOR 09/08/2010 @ 8:45 NOTICE TO PARTIES/COUNSEL 07/01/2010 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 09/08/2010 @ 8:45 NOTICE TO PARTIES/COUNSEL 07/08/2010 ORDER - TRANSCRIPT ORDER FILED ON 07/08/2010 DA: JAMES MITCHELL Page 3 of 7 Printed on: 03/07/2011 TRANSCRIPT OF BAIL HEARING TRANSCRIPT PRODUCTION 07/09/2010 BAIL BOND - CONCURRENT BAIL BOND FILED ON 07/09/2010 NIXON A LOUIS AUGSC-CR-2010-00025 DOCKET RECORD COPY SENT TO BAIL IS CONCURRENT TO SKOSCCR201000182 HAVING BAIL ID WFF388 AS PRIMARY. 07/26/2010 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 07/23/2010 Attorney: JOHN ALSOP 07/28/2010 MOTION - MOTION TO AMEND BAIL GRANTED ON 07/27/2010 NANCY MILLS , JUSTICE COpy TO PARTIES/COUNSEL 07/28/2010 BAIL BOND - UNSECURED BAIL BOND BAIL RELEASED ON 07/28/2010 Date Bailed: 01/07/2010 07/28/2010 BAIL BOND - UNSECURED BAIL BOND RELEASE ACKNOWLEDGED ON 07/28/2010 Date Bailed: 01/07/2010 09/03/2010 HEARING - MOTION FOR DISCOVERY CONTINUED ON 09/03/2010 09/03/2010 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 11/02/2010 @ 8:30 NOTICE TO PARTIES/COUNSEL 09/03/2010 HEARING - MOTION TO SUPPRESS CONTINUED ON 09/03/2010 09/03/2010 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 11/02/2010 @ 8:30 NOTICE TO PARTIES/COUNSEL 09/13/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 09/13/2010 Attorney: JOHN ALSOP 09/13/2010 OTHER FILING - TRANSCRIPT FILED ON 09/13/2010 TRANSCRIPT OF BAIL HEARING 09/17/2010 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 09/14/2010 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL 09/17/2010 Party(s): NIXON A LOUIS ATTORNEY - WITHDRAWN ORDERED ON 09/14/2010 Attorney: JOHN ALSOP 10/01/2010 BAIL BOND - $2,500.00 CASH BAIL BOND FILED ON 07/06/2010 Bail Receipt Type: CR Bail Amt: $2,500 Date Bailed: 07/02/2010 Receipt Type: CK Prvdr Name: NIXON LOUIS Rtrn Name: TREASURER STATE OF MAINE APPLY TO COUNSEL FEES 10/06/2010 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 10/06/2010 10/06/2010 HEARING - MOTION FOR DISCOVERY NOTICE SENT ON 10/06/2010 11/02/2010 HEARING - MOTION TO SUPPRESS CONTINUED ON 11/02/2010 Page 4 of 7 Printed on: 03/07/2011 NIXON A LOUIS AUGSC-CR-2010-00025 DOCKET RECORD NANCY MILLS , JUSTICE 11/02/2010 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 01/03/2011 @ 8:30 NOTICE TO PARTIES/COUNSEL 11/02/2010 HEARING - MOTION FOR DISCOVERY CONTINUED ON 11/02/2010 NANCY MILLS , JUSTICE 11/02/2010 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 01/03/2011 @ 8:30 NOTICE 11/02/2010 WRIT - TO PARTIES/COUNSEL HABEAS CORPUS TO PROSECUTE ISSUED ON 11/02/2010 CERTIFIED COPY TO SHERIFF DEPT. 12/16/2010 MOTION - MOTION TO CONTINUE FILED BY STATE ON 08/31/2010 12/16/2010 MOTION - MOTION TO CONTINUE GRANTED ON 09/02/2010 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL 01/10/2011 Charge(s): 3 PLEA - DENY ENTERED BY DEFENDANT ON 06/09/2010 01/10/2011 HEARING - MOTION TO REVOKE BAIL NOT HELD ON 06/14/2010 01/10/2011 HEARING - MOTION FOR DISCOVERY CONTINUED ON 01/03/2011 01/10/2011 HEARING - MOTION TO SUPPRESS CONTINUED ON 01/03/2011 01/10/2011 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 01/03/2011 01/10/2011 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 01/03/2011 ROBERT E MURRAY JR, JUSTICE COPY TO PARTIES/COUNSEL 01/10/2011 Charge(s): 1,2,3 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 03/09/2011 @ 9:15 NOTICE TO PARTIES/COUNSEL 01/10/2011 Charge (s): 1,2,3 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 01/10/2011 01/10/2011 Charge(s): 1,2,3 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 03/09/2011 @ 9:15 NOTICE TO PARTIES/COUNSEL 01/10/2011 Charge (s) : 1,2,3 HEARING - MOTION FOR DISCOVERY NOTICE SENT ON 01/10/2011 01/10/2011 HEARING - MOTION TO REVOKE BAIL SCHEDULED FOR 03/09/2011 @ 9:15 NOTICE TO PARTIES/COUNSEL 01/10/2011 HEARING - MOTION TO REVOKE BAIL NOTICE SENT ON 01/10/2011 01/10/2011 Party(s) : NIXON A LOUIS ATTORNEY - APPOINTED ORDERED ON 01/03/2011 Page 5 of 7 Printed on: 03/07/2011 NIXON A LOUIS AUGSC-CR-2010-00025 DOCKET RECORD Attorney: WILLIAM BAGHDOYAN 01/10/2011 WRIT - HABEAS CORPUS TO PROSECUTE REMANDED ON 01/03/2011 ROBERT E MURRAY JR, JUSTICE 01/10/2011 WRIT - HABEAS CORPUS TO PROSECUTE ISSUED ON 01/10/2011 CERTIFIED COpy TO SHERIFF DEPT. 02/25/2011 MOTION - MOTION FOR SPEEDY TRIAL FILED BY DEFENDANT ON 02/25/2011 02/25/2011 HEARING - MOTION FOR SPEEDY TRIAL SCHEDULED FOR 03/09/2011 @ 9:15 NOTICE TO PARTIES/COUNSEL 03/04/2011 MOTION - MOTION FOR SPEEDY TRIAL MOOT ON 03/07/2011 03/04/2011 HEARING - MOTION TO REVOKE BAIL NOT HELD ON 03/04/2011 03/04/2011 Charge(s): 1,2,3 HEARING - MOTION FOR DISCOVERY NOT HELD ON 03/04/2011 03/04/2011 Charge(s): 1,2,3 HEARING - MOTION TO SUPPRESS NOT HELD ON 03/04/2011 03/04/2011 BAIL BOND - CONCURRENT BAIL BOND BAIL RELEASED ON 03/04/2011 03/04/2011 BAIL BOND - CASH BAIL BOND BAIL RELEASED ON 03/04/2011 Date Bailed: 07/02/2010 APPLY TO COUNSEL FEES 03/04/2011 MOTION - MOTION FOR DISCOVERY MOOT ON 03/04/2011 03/04/2011 MOTION - MOTION TO SUPPRESS MOOT ON 03/04/2011 03/04/2011 Charge(s): 1,2,3 FINDING - DIS BY DA/AG-OTHER ENTERED ON 03/04/2011 FOR PRESENTATION TO GRAND JURY AFTER NECESSARY WITNESS/CO DEFENDANT IS CONVICTED 03/04/2011 Charge(s): 1,2,3 ABSTRACT - SBI ISSUED ON 03/04/2011 03/04/2011 BAIL BOND - CONCURRENT BAIL BOND RELEASE ACKNOWLEDGED ON 03/04/2011 03/04/2011 BAIL BOND - CASH BAIL BOND RELEASE ACKNOWLEDGED ON 03/04/2011 Date Bailed: 07/02/2010 APPLY TO COUNSEL FEES 03/04/2011 Charge(s): 1,2,3 HEARING - MOTION TO DISMISS SCHEDULED FOR 03/07/2011 NOTICE 03/04/2011 WRIT - @ 8:30 TO PARTIES/COUNSEL HABEAS CORPUS TO PROSECUTE ISSUED ON 03/04/2011 CERTIFIED COpy TO SHERIFF DEPT. 03/07/2011 Charge(s): 1,2,3 HEARING - MOTION TO DISMISS HELD ON 03/07/2011 page 6 of 7 Printed on: 03/07/2011 NIXON A LOUIS AUGSC-CR-2010-00025 DOCKET RECORD ROBERT E MURRAY JR, JUSTICE Attorney: WILLIAM BAGHDOYAN DA: JAMES MITCHELL Defendant Present in Court 03/07/2011 HEARING - MOTION FOR SPEEDY TRIAL HELD ON 03/07/2011 ROBERT E MURRAY JR, JUSTICE Attorney: WILLIAM BAGHDOYAN DA: JAMES MITCHELL Defendant Present in Court 03/07/2011 MOTION - MOTION FOR SPEEDY TRIAL UNDER ADVISEMENT ON 03/07/2011 03/07/2011 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 02/25/2011 03/07/2011 MOTION - MOTION TO DISMISS UNDER ADVISEMENT ON 03/07/2011 ROBERT E MURRAY JR, JUSTICE 03/07/2011 MOTION - MOTION TO DISMISS DENIED ON 03/07/2011 ROBERT E MURRAY JR, JUSTICE COpy TO PARTIES/COUNSEL 03/07/2011 ORDER - COURT ORDER ENTERED ON 03/07/2011 ROBERT E MURRAY JR, JUSTICE ORDER DENYING MOTION FOR SPEEDY TRIAL AND/OR MOTION TO DISMISS WITH PREJUDICE A TRUE COpy ATTEST: Clerk Page 7 of 7 Printed on: 03/07/2011

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