State v. Laroche

OPINION OF THE COURT

MARK A. SPEISER, Circuit Judge.

The instant case was set for non-jury trial on March 7, 1986 at *113which time the attorneys for both sides announced ready for trial when the case was called. When the case was recalled shortly thereafter to begin trial counsel for Appellant advised that its witness was unavailable since he inadvertently received a standby rather than a mandatory subpoena. On its own, the trial court dismissed the case for lack of prosecution. The Appellant thereafter moved for a continuance which the Judge denied.

Appellant relies upon State v. Burnett, 468…