Bellizzi v. Superior Court

Opinion

BURKE, J.

The People’s failure to comply with a pretrial discovery order led to the dismissal of drug charges against petitioner. Two days later, a new complaint was lodged against petitioner containing the same charges. In the interim, however, a witness assertedly favorable to petitioner evidently left the state upon learning of the dismissal and has not been located since. The question arises whether, under these circumstances, petitioner’s inability to call this witness in his defense at his forthcoming trial constitutes a denial of his right to due process of law. A subsidiary…