State v. Solomon

The defendant, Ernest Solomon, appeals the decision of the Derry District Court (Stephen, J.) to grant a mistrial over his objection after the original presiding justice (Coughlin, J.) became unavailable. We reverse.

The following facts are supported by the record. The defendant is charged with three misdemeanors. Trial was initially set for May 22, 2006, but was continued twice at the defendant’s request. On August 14, 2006, Judge Coughlin began to hear evidence, but suspended trial during the cross-examination of the first witness, the alleged victim in the case, so that a lawyer could be…