Rita v. State

BOEHM, Justice.

Defendant John G. Rita was charged with knowingly leaving the scene of a fatal accident 1 (Count I) and with causing the death of another person while driving intoxicated 2 (Count II). The trial court certified several issues for interlocutory appeal. We granted transfer to address one of these questions: did the trial court commit error by enforcing two of the State’s subpoenas so that the State could take ex parte statements from prospective witnesses after Rita had been charged? We hold that the trial court erred when it enforced the subpoenas and remand for proceedings…