State of Delaware, Plaintiff Below, Appellant v. David M. Hazelton, Defendant Below, Appellee

Summary

The Supreme Court of Delaware reversed the dismissal of Hazelton’s indictment under Superior Court Criminal Rule 48(b), holding that the State had not previously elected to prosecute him in the Court of Common Pleas and had not caused unnecessary delay or legally sufficient prejudice. The State’s transfer of the prosecution to Superior Court was therefore distinguishable from cases involving unfair manipulation of the criminal process. Justice Traynor, dissenting, would have affirmed because the State’s failure to notify Hazelton and his counsel caused unnecessary, prejudicial delay and the trial court acted within its discretion.