State v. Malone

STATE OF CONNECTICUT v. ERICK MALONE (SC 20654) Robinson, C. J., and McDonald, D’Auria, Mullins, Ecker and Alexander, Js. Syllabus The defendant appealed from the trial court’s denial of his motion to dismiss a murder charge that the state had reinstituted against him after his first prosecution was terminated when the trial court accepted the state’s entry of a nolle prosequi and denied, without prejudice, an earlier motion to dismiss in the first prosecution. The state had entered the nolle prosequi pursuant to statute (§ 54-56b) on the basis of the disappearance of two witnesses the state…