State v. Tapio

MILLER, Justice.

In this consolidated intermediate appeal, we reverse the orders of the trial court which (1) reinstated a disqualified judge to preside over two criminal actions, (2) removed the state’s attorney and his staff from prosecuting the actions, and (3) required the attorney general to assume prosecution of the actions. We affirm that part of the trial court’s orders raised by notice of review, which denied defendants Robert Dean Tapio’s and Blaine John Brings Plenty’s (appellees’) motions to dismiss grounded on prosecutorial misconduct.

PROCEDURAL HISTORY AND FACTS

Appellees…