[Piasa Bird]

If there is no statute of limitations on murder then what is to stop the state from simply dismissing the case and refiling the charges?

I don't believe the judge can do anything to stop it.

[longtermmemmory]

There is an inherent malicious prosecution charge that then could be brought. There is also the bad faith in dropping the case. Additionally, it will most likely as a matter of policy end up in front of the same judge in order to prevent judge shopping.

The days of surprise witnesses and surprise secret evidence are long gone. There has to be no litigation by ambush.

This has nothing to do with the case specifically. It has everything to do with prosecutor offices that believe they do not have an obligation to timely share evidence and permit access to witnesses.

If anything, there must be a problem with the DNA evidence itself which caused such major foot dragging.