State v. Schalow
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The Supreme Court reversed the decision of the court of appeals reversing the trial court's motion to dismiss the charges against him based for vindictive prosecution and failure to join, holding that the court of appeals erred in holding that the presumption of prosecutorial vindictiveness was warranted and in holding that the trial court should have dismissed the charges under State v. Warren, 313 N.C. 254 (1985).
Defendant was charged with fourteen counts of felony child abuse. Defendant filed a motion to dismiss, arguing that the charges amounted to vindictive prosecution and that the State impermissibly failed to join the charges in an earlier prosecution. The trial court denied the motion. The court of appeals reversed based on prosecutorial vindictiveness and failure to join. The Supreme Court reversed, holding (1) no presumption of prosecutorial vindictiveness was warranted; and (2) the court of appeals erred in finding a joinder violation.
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