People v. Greathouse

VOLLACK, Justice.

The People bring this appeal from the district court’s dismissal of the first degree murder charge against the defendant, David N. Greathouse. The district court entered a judgment of dismissal as a sanction against the People upon finding that the People had failed to preserve evidence, thereby violating the defendant’s due process rights. Jurisdiction is properly before this court, and we conclude that no due process violation occurred, and thus the trial court erred in dismissing the charge. Accordingly, we reverse and remand for reinstatement of the charge.

I

The defendant…