State v. Freeman (Concurrence)

Summary

The concurrence joins the judgment reversing the Appellate Court because the prosecution was time barred, but disagrees with the majority's conclusion that a prosecutor's factual representations can never constitute the evidence needed to show reasonable efforts to execute an arrest warrant. It would permit reliance on uncontested representations concerning matters within the prosecutor's personal knowledge, while concluding that the representations here nevertheless failed to establish reasonable efforts before the limitations period expired. The concurrence therefore agrees that the robbery charge should be dismissed on remand.