Court of Appeals of Arizona· 12/24/1991

State v. Gilbert

Citations

837 P.2d 1137
172 Ariz. 402
103 Ariz. Adv. Rep. 22
1991 Ariz. App. LEXIS 334

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that court abused discretion by basing dismissal with prejudice solely on generalized finding of desirability of finality
reversing a dismissal with prejudice because the defendant failed to articulate how a last-minute dismissal “actually hurt her ability to defend against the charges”
annoyance, inconvenience, and continued incarceration of a defendant does not constitute the requisite showing of prejudice so as to justify dismissal of the prosecution with prejudice
\The most important factor to consider in whether a dismissal should be with or without prejudice is whether delay in the prosecution will result in prejudice to the defendant.\
“The most important factor to consider in whether a dismissal should be with or without prejudice is whether delay in the prosecution will result in prejudice to the defendant.”
dismissals reviewed for abuse of discretion

Source: CourtListener parenthetical corpus (CC0).

Judges: Kleinschmidt, Grant, Eubank

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