Arizona Criminal Defense Attorney Blog
In a recent matter before a court of appeals in Arizona, the State asked the court to reconsider a lower court’s dismissal of a case involving possible sexual exploitation. The trial court had originally dismissed the case for several reasons, one of which was that the significant delays caused the defendant emotional and financial harm. On appeal, the higher court ultimately agreed with the State that the case was incorrectly dismissed. The court therefore vacated the trial court’s order.
Facts of the Case
According to the opinion, the defendant in this case was charged with sexual exploitation of a minor, based on alleged incidents with her adopted son. The defendant pled not guilty, and her case was set for trial in the summer of 2020. Because of the pandemic, however, the court rescheduled trial for several months later.
Over the next two years, the case was delayed again and again. At one point, one of the attorneys in the case had an emergency surgery; at another point, witnesses’ travel made them unavailable to testify. For a variety of reasons, each time the trial approached, either the defendant or the State requested a continuance. This process went on until September 2022, at which point the defendant argued that the delay was so substantial it had drained her financial resources, depleted witnesses’ memories, and caused her significant emotional turmoil.
The court dismissed the case, and the State appealed.
The Decision
On appeal, the State took issue with the fact that the court dismissed the case “with prejudice”, meaning the State would not be allowed to re-file the same case ever again. The defendant’s emotional state and financial resources, said the State, were not reasonable grounds to take the case off the docket.
The court of appeals looked at the trial court’s record. In analyzing the evidence, the court first noted that both parties (the State and the defendant) were more or less equally responsible for the case’s delays. The case had gone on for several years, and it was certainly not ideal that trial still had not happened over two years into the litigation.
Even given the delay, however, the defendant’s emotional state and financial resources did not warrant the court’s dismissal. Notably, the defendant failed to show that she actually suffered prejudice because of the delay. Anxiety, stress, and emotional resources were not sufficient to establish that the case should be dismissed entirely. For these reasons, decided the court, the lower court’s decision should be reversed.
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