People v. Park

Mr. PRESIDING JUSTICE STOUDER,

dissenting:

I must respectfully dissent from the opinion of my colleagues. I believe that the indictment should have been dismissed in that defendant’s constitutional right to due process was violated by the unreasonable delay in indicting him. In the absence of such a dismissal, I also believe that denying the defendant a continuance was a clear abuse of discretion and that a new trial should have been granted.

Due process requires that governmental action be consistent with the fundamental principles of liberty and justice which lie at the base of our civil and…