State v. Olson

Defendant was charged with several criminal counts. When the State’s only witness failed to appear in court, the State requested a continuance, but the district court denied the request. The State subsequently voluntarily dismissed the case and then refiled the criminal charges against Defendant. Defendant filed a motion to dismiss, arguing that the State’s approach would allow the State to circumvent the court’s denial of a continuance. The district court denied Defendant’s motion to dismiss. The court of appeals reversed, concluding that the State’s “dismiss-and-refile tactic” was an act of bad faith. The Supreme Court reversed, holding that the district court did not abuse its discretion when it denied Defendant’s motion to dismiss the refiled charges. View "State v. Olson" on Justia Law