STATE COURT OF YAP
IN THE TRIAL DIVISION
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THE STATE OF YAP,
Plaintiff(s),
vs.
MIKE DEPRAM,
Defendant(s).
Case No. CR 1993-212
RULING ON PETITION
The State's petition to reinstate prosecution against defendant Mike Depram is hereby denied. Although this Court does not completely agree with either side in this matter, the Court does agree that Rule 48(b) allows dismissal of a case for unnecessary delay in bringing a defendant to trial. Based on the record alone there appears no agreement to "defer" prosecution subject to certain conditions. Neither do we agree that there has been a lack of diligence regarding discovery sufficient in itself to warrant dismissal. Instead of focusing on fault of either counsel we will focus on the harm to defendant and thus must dismiss. There apparently has been some confusion regarding the status of this case and instead of speculating about actions that do not appear on record we will give the defendant the benefit of the doubt.
Petition denied and case dismissed.
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Dated: 11/14/94
/s/
Chief Justice -Yap State
Filed: 11/14/94
/s/
Clerk of Courts