People v. Shane

Opinion

RYLAARSDAM, J.

This case comes to us on certification from the appellate division of the superior court to decide two unsettled questions of law; (1) whether a trial court’s due diligence determination in the context of a defendant’s right to a speedy trial is subject to independent review or is limited to review for abuse of discretion; and (2) whether, as a matter of law, the prosecution was required to subpoena a key witness more than four days before trial in a misdemeanor case to show due diligence, and thus good cause for the delay, when the trial date could have been advanced to…