Q: APA 3 Exhibits to Dismiss With Prejudice, Judge dismiss Without PreJudice, is State required to bring back Exhibits
Assistant Prosecuting Attorney provides 9 reasons for dismissal of charges of Indictment. Asked dismiss With Prejudice. APA submits 3 State Exhibits of transcripts from audio recordings of defense Counsel Private Investigator. Shows victim says she had lied, that mother and mother's boyfriend gave her story to accuse Defendant, reported same story minutes earlier to a State Trooper. Judge Denied-ordered to Trial. APA files State's Amended Motion to Dismiss indictment With Prejudice, gives 3 more reasons, total of 12, to dismiss With Prejudice. Court Grants Motion says, No evidence of any kind exist but alleged victim's saying it happened. Court Grants Dismissal WITHOUT PREJUDICE. QUESTION: If State brings back same exact charges later, do they need to file new indictment, and is State obligated to present the 3 Exhibits into a Trial that APA had submitted to support the State's first Dismissal Motion?
A:
If those exhibits were allowed into evidence during a hearing on the record about the motion to dismiss then those exhibits will be in the court's record of the first case.
Suppose there is a second indictment based on the same incident with a different prosecutor... and suppose this new prosecutor is gung-ho about seeking a conviction... You would expect the defense attorney to get the court's record of the hearing in the first case and consider using anything helpful to the defense, including exhibits introduced by the state. Once that stuff is on the record it is fair game.
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