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SUPERIOR COURT OF THE STATE OF RIDGEWAY
CITATION: State of Ridgeway v. DevMix,
RSC-CM-985
DATE OF JUDGEMENT:
2023-04-09
BETWEEN:
State of Ridgeway
Plaintiff
and
DevMix
Accused
ORDERS OF
APRIL 7 THROUGH APRIL 9, 2023
I. Orders of April 7, 2023
[1] Motion for directed verdict denied.
[2] Motion for reconsideration on the denial of directed verdict denied.
[3] There will be no ruling on the merits of the motion for a new trial.
[4] I order that the accused may no longer make oral motions on account of
frivolous motions being put forward. All motions by the accused are directed to be
submitted in writing.
[5] There will be no ruling on the merits of the motion to disqualify judge on the
basis that it was not submitted in proper form.
[6] There will be no ruling on the merits of the motion for a new trial (2) on the
basis that it was not submitted in proper form.
II. Orders of April 8, 2023
[7] The government's closing statement is stricken. They will present again after
the accused.
[8] There will be no ruling on the merits of the motion for a new trial (3) on the
basis that it was not submitted in proper form.
[9] Trial continued until 9 am on April 8, 2023.
[10] Time limit for accused's closing statements extended until 9 pm on April 9,
2023.
III. Orders of April 9, 2023
[11] Trial continued indefinitely.
[12] Motion for a new trial (4) granted. Oral reasons for motion judgement given
below:
A mistrial should only be declared as a last resort, in the clearest of cases and
where no remedy short of that relief will adequately redress the actual harm
occasioned. I'm not so sure why any potential of a miscarriage of justice raised
by the accused cannot be prevented by just striking the offending statements.
But the issues raised by the accused coupled with issues I would raise on my
own motion such as different judges having tried different portions of the trial
and delays with examinations, among others, do amount to an appearance of
unfairness considering the whole of the circumstances. For these reasons, a new
trial is ordered.
[13] Counsel for the government and counsel for the accused are directed to resubmit
discovery files, with particular attention to the qualifications of any experts they intend
to call, within 24 hours.
Dated at the City of Palmer, in the State of Ridgeway on April 9, 2023.
“koala4Iife”
Judge koala4Iife
Counsel for the plaintiff State of Ridgeway: Commander1567, Ridgeway.
Counsel for the defendants DevMix: MatthewSandringham, Ridgeway.
Document record
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Mar 5, 2023 12:00 PM
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Mar 5, 2023 12:00 PM
Filing code
CRIMINAL_COMPLAINT
Uploaded by
state of ridgeway
Notes
Ruling_RSC-CM-985_2002-040923.pdf — archived from the Trello docket (https://trello.com/c/LOgtfEYU)