McGee v. State

I respectfully dissent. The crux of this case is whether we should uphold a trial court’s factual finding, set forth in a detailed order, that it was physically impossible to continue with a defendant’s trial due to the unavailability of a courtroom. Because some evidence showed that a courtroom was unavailable (indeed, one of the allegedly “available” courtrooms was assigned to a superior court and was not available for use by this state court), we as an appellate court should affirm that finding, even though with 20/20 hindsight it would appear that a courtroom may have become available…