State v. Galbraith

OPINION

BOLGER, Judge.

Superior Court Judge Robert B. Downes dismissed an indictment against Brian Galbraith because the judge found that Galbraith was incompetent to stand trial and that he would not recover his competency within a reasonable time. The State then secured a second indictment with identical charges, filed it as a new case, and then filed a peremptory challenge against Judge Downes.

Presiding Judge Douglas Blankenship then issued an order denying the peremptory challenge that the State now appeals. We conclude that the parties should not receive another opportunity to challenge…