People v. Conrad

Opinion

NICHOLSON, J.

Prosecutorial delay, during which a witness favorable to the defense dies, may violate state due process and speedy trial guarantees. If, however, the lost testimony may nonetheless be presented to the jury by other means, such as an instruction to the jury, the prejudice can be substantially mitigated, thus affording due process and a fair trial.

Here, the trial court, rather than fashioning a less severe remedy, dismissed the case because a witness died during the prosecution’s delay. We reverse because the trial court should have fashioned a less severe solution to…