State v. Holden (Signed Opinion)
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The Supreme Court affirmed the decision of the circuit court granting the State's motion to dismiss the indictment against Defendant without prejudice and denying Defendant's motion to dismiss the indictment with prejudice, holding that the circuit court properly dismissed the indictment without prejudice.
Defendant was charged with two counts of possession of a controlled substance with intent to deliver and two counts of conspiracy to commit said offense. One day before trial, the State filed a motion to dismiss the indictment without prejudice on the ground that the State was unable to prosecute Defendant without testimony from his codefendant, who would not be released from her incarceration in Ohio until the next year. The circuit court granted the motion. The Supreme Court affirmed, holding (1) while the State did not act with great dispatch in securing the codefendant's presence or her testimony at Defendant's trial, the State did not act in bad faith; and (2) the circuit court's decision granting the State's motion to dismiss without prejudice was based upon facts and circumstances known to the court and with due consideration for the rights of all parties.
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