District of Columbia v. Benefield

Two cases (traffic and disorderly conduct) had been continued for trial previously, once at the request of appellee and once by mutual consent of the government and appellee. On the third trial date, the government, over the objection of defense counsel, requested a short continuance to secure an essential witness who had been brought to its attention the previous evening. The trial court denied the request and insisted that the government proceed with the trial. The prosecutor was not allowed to nol-pros the cases and, when the government refused to proceed, the trial court swore-in appellee…