State v. Eatmon
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The Supreme Court affirmed the court of appeals' decision affirming the judgment of the trial court dismissing the criminal case against Defendant without prejudice, holding that the trial court did not err when it denied the State's requests to issue a material-witness warrant.
The court of appeals concluded that the trial court properly denied the State's requests to issue the material-witness warrants because the State failed to demonstrate probable cause that warrants were necessary to procure the witnesses' attendance at trial. The Supreme Court affirmed, holding (1) when the State requests that a court issue a material-witness warrant it must establish, by either oath or affidavit, probable cause to believe that the witness is material and that the warrant is necessary to procure the witness's attendance at trial; and (2) the trial court did not err in this case.
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