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Judge Dismisses Murder Case Against Arizona Rancher ‘With Prejudice’...
13 Jul 2024 7:45 am
Rule of law doesn't defend ancestors uniquely alive today, it protects people staying in character references defined by rule of law.ROG62 » 13 Jul 2024, 7:37 am » wrote: ↑ An Arizona judge on July 9 dismissed with prejudice the murder case against an elderly ranch owner charged in the shooting death of an illegal immigrant on Jan. 30, 2023...
Prosecution attorneys had filed a motion to dismiss the case without prejudice, leaving the door open to retry the defendant at a future date if the evidence or “political situation” changed.
However, Judge Fink said a procedural rule required scheduling a new trial within 60 days of the declared mistrial.
He said that to leave the case open-ended amounted to “harassment” of the defendant and gave the prosecution an unfair advantage.
“The court finds that the state is not able to articulate a reasonable basis for holding this case ‘open’ with a dismissal without prejudice,” Judge Fink wrote.
“The interests of justice are not advanced where the only thing to be accomplished by a dismissal without prejudice, where there is no possibility that a re-trial will occur, is the harassment of the defendant.
“For those reasons, the interests of justice call for finality.”
https://www.ntd.com/judge-dismisses-mur ... dium=email
what's going on here? another common sense judge...go figure... :roll: