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To: yukong
I agree with you, but as you know from your long years of practise, at times intervening events can happen in rare instances where a prosecutor cannot get to trial court, a car accident,or a summons from a court of superior jurisdiction to that of the the trial court. I am surprised that there was a 45 minute delay before the judge dismissed, that is a long wait, especially without any contact from the prosecutor. In Canada where I practised in the early 80's,I had witnessed several such instances and not all of them resulted in a dismissal of charges. In this instance I assume the judge did what she had to in the circumstances, and it may be that this prosecutor has a habit of running late. He may be out of a job.
97 posted on 06/19/2006 11:22:08 AM PDT by Candor7 (Into Liberal flatulance goes the best hope of the West, and who wants to be a smart feller?)
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To: Candor7

I agree. The question I have is...why didn't the DA's office send another assistant to the Court to advise of the issue. Why just not show up? That is stupid and asking for sanctions or a dismissal. When I was the DA, our District Judge had a rule, he would give you 5 minutes after the appointed time, and if you didn't show up, he would dismiss the matter that was before him. If it was just a motion hearing, then that motion was dismissed. If it was the trial, then the case was dismissed. So, you were either there, or you were calling in with a pretty huge reason why you couldn't be there. This incident was just plain stupid and I don't fault the judge one bit. In fact, I'm astounded she waited 45 minutes.


100 posted on 06/19/2006 12:34:26 PM PDT by yukong
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