State v. Bearly

I disagree with the majority that we must remand the case to the trial court on the issue of prejudice. The record reflects that the trial court made specific findings of prejudice due to defendant’s inability to obtain a blood test during a crucial period of time. These findings were not challenged on appeal by the state. Aside from its reliance on a few cases, the state devoted only one sentence in its answer brief to contend that “[djefendant has failed to show actual prejudice,” without challenging the trial court’s findings. We are thus bound by them, and a remand, in my view, would be…