State v. Harris

HOLLAND, Justice:

This is an appeal by the plaintiff-appellant, State of Delaware (“State”). 10 Del.C. § 9902(a). It follows the sua sponte pretrial dismissal by the Superior Court of all criminal charges in an Indictment returned against the defendant-appel-lee, Wilbert C. Harris (“Harris”). The State contends that the Superior Court’s action was an abuse of discretion.

The basis for the sua sponte dismissal was what the Calendar Judge of the Superior Court perceived to be the defiance of his scheduling instructions by the Deputy Attorney General assigned to try Harris’ case (“Trial Deputy”).…