State ex rel. Smith v. Honorable Olejasz (Signed Opinion)
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The Supreme Court granted a requested writ of prohibition and prohibited the enforcement of a circuit court order granting a motion to dismiss two counts of sexual assault in the second degree, holding that the circuit court failed properly to analyze the necessary factors for sanctions against the State.
The defendant in the underlying criminal case filed a motion to dismiss the indictment against him, alleging that the State violated various discovery orders. The circuit court dismissed two counts of the indictment, declared a mistrial, and ruled that the subject matter of the dismissed counts could not be mentioned at trial on the remaining counts. The State filed this petition for a writ of prohibition, arguing that the circuit court abused its discretion when it dismissed the indictment as a discovery sanction. The Supreme Court granted the writ, holding that the circuit court abused its discretion and committed clear legal error when it dismissed, as a discovery sanction, the two counts of sexual assault in the second degree.
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