State v. Simmelink

The state appeals the trial court’s dismissal of two criminal charges on the basis that there had been “prosecutor misconduct” in the case between the time the charges were brought and the time they were set for trial. We reverse and remand for trial.

Defendant was charged with driving under the influence of intoxicants and escape in the third degree. After he was arraigned, but before either charge was set for trial, defendant filed a civil rights action in federal district court alleging that excessive force was used by the police in arresting him for the offenses. Sometime thereafter,…