People v. Grace

The prosecution appeals as of right the dismissal with prejudice of a fourth-degree criminal sexual conduct charge, MCL 750.520e(l)(b), against defendant. The trial court dismissed the case with prejudice after the jury had been sworn but before any testimony had been heard because the complainant and two of the witnesses did not return to court after the lunch break. We reverse and remand for reinstatement of the charge.

This case arose after defendant’s first trial was dismissed without prejudice before jury selection because one of the prosecution’s primary witnesses was unavailable for…