State of Delaware, Plaintiff Below, Appellant v. David M. Hazelton, Defendant Below, Appellee — Traynor, J., Dissenting

Summary

Justice Traynor dissented from the decision disturbing the Superior Court’s dismissal of the indictment under Rule 48(b). She would have held that the nearly four-month delay in transferring the prosecution was unnecessary, attributable to the State, and prejudicial, and that the trial judge acted within the bounds of discretion. The dissent argues that appellate review should defer to the trial court’s case-management decision rather than reconsider the dismissal de novo.