California Court of Appeal

In case where son of married couple that was murdered was charged with the crimes 24 years after the murders, dismissal of charges based on preaccusation delay is affirmed where: 1) the trial court applied the correct legal standard requiring it to balance the actual prejudice to defendant against the prosecution's justification for the delay; 2) there was substantial evidence that the nearly 24-year delay in filing this case caused defendant significant prejudice and there existed no reasonable justification for that delay; and 3) the court did not abuse its discretion in dismissing the case rather than proceeding with trial.

Appellate Information

• Decided 07/03/2007
• Published 07/03/2007

Judges

• BENKE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Bonnie M. Dumanis, District Attorney, Kim-Thoa Hoang, Catherine Stephenson, Craig E. Fisher and James E. Atkins, Deputy District Attorneys, for Plaintiff and Appellant.


• For Appellees:
  
• Daniel G. Davis, Sacramento, Dennis A. Fischer, Santa Monica, and Steven Graff Levine, for Defendant and Respondent.