State v. Brown

hi respectfully dissent.

The discrete legal issue presented for our review is whether the defendant must show actual prejudice to his due process rights when, as here, he virtually stipulates at the contradictory hearing1 that the district attorney did not engage in misconduct nor attempt to manipulate the allotment system.2 In my view, under these circumstances as a matter of law, Mr. Brown is not entitled to any relief, including the reallotment of his case because he has not shown any actual prejudice.

The holding in State v. Simpson is not applicable to these circumstances because there the…