Douglas County, Judge Peter C. Bataillon
Attorneys: Thomas C. Riley (Public Defender) (Appellant) --- James D. Smith (Attorney General’s Office)
Criminal: First degree murder; use of a weapon to commit a felony
Proceedings below: A jury found Appellant guilty of the above crimes. He was sentenced to life in prison for Count I and a consecutive 10 to 20 year sentence on Count II with credit for time served.
Issues: The district court committed reversible error when it denied Appellant’s motion to dismiss the charges due to the 33 year delay in prosecuting the case and proceeding to trial would violate Appellant’s right to confrontation, right to present a complete defense and right to a fair trial with due process of law. Alternatively, this Court should set aside the conviction as there was insufficient evidence to support the verdict. (2) The trial court committed reversible error by denying the motion for mistrial based on misconduct of the prosecutor during Appellant’s examination of one of the witnesses.