State v. Delama

I respectfully dissent on two grounds. First, neither the rules of criminal procedure nor well-established contempt jurisprudence require the trial court to issue a rule to show cause. Second and more importantly, sound public policy mandates discretion under the circumstances of this case.

The issue before us is clear: Does a trial judge have the discretion to deny the State’s request to issue a rule to show cause against the alleged victim of domestic violence when the victim does not want to testify? I believe that the answer is yes.

According to the State, the respondent, Theresa Jimenez,…