Scott E. v. State

*235OPINION

By the Court,

Young, J.:

FACTS

On May 6, 1993, the State charged Scott E. (“Scott”) with three counts of lewdness with a minor under the age of fourteen. The charges stemmed from accusations made by Tristain S. (“Tristain”) alleging, among other things, that Scott touched her “between [her] legs.”

On August 19, 1993, the court attempted to conduct a contested hearing. Defense counsel, along with Scott’s family and witnesses, arrived prepared to proceed. The State, however, arrived with no witnesses. The State claimed that it did not subpoena its witnesses because it had agreed with defense…