Opinion of the Court
State v. BattalionGavin
RyanJSyndicate, Petitioner v. BattalionGavin, Respondent
Cite as: 1 Rid. 74 (2022)
- Docket No.:
- 22-15
- Legacy filing No.:
- RSC-AP-782
- Court below:
- -----
- Submitted:
- November 28, 2022
- Decided:
- December 11, 2022
- Author:
- Burger, C. J.
Disposition
12/11/2022. Slip Opinion.
unanimous Court
Summary
The Court, per Chief Justice Burger for a unanimous Court, holds that a state trial court has inherent power, rooted in the common-law judgment of non prosequitur (citing Link v. Wabash R. Co. and Rid. R. Civ. P. 28(b)'s derivation from FRCP 41(b)), to dismiss a criminal action with prejudice as a sanction for the State's failure to prosecute and comply with discovery orders. The Superior Court did not abuse its discretion in dismissing the indictment against a law enforcement officer after the State missed its discovery deadline. Affirmed; the Court declines to reach whether double jeopardy applies to pre-trial matters.