North Dakota Supreme Court overturns conviction on 20-year-old charge

Oh, what is 20 years when ones has a bed and three squares? That we incarcerate almost anyone is insanity by society.

Eideard

The North Dakota Supreme Court has overturned the conviction of a man who was tried last year on a 20-year-old drunken driving charge.

Jason Gale was arrested for drunken driving in 1995 in Grand Forks but wasn’t called to court until last July, when a jury found him guilty. Gale’s attorney, Scott Brand, argued to justices in December that the delay violated Gale’s right to a speedy trial.

“The government was clearly negligent. It’s 20 years, memories are going to fade and that was obvious at the trial,” Brand told The Associated Press on Wednesday. “The officer just memorized his report. He didn’t have any independent recollection as to what happened on that night…”

The opinion released late Tuesday said justices can’t presume that a 20-year-old case was “diligently prosecuted when there is no evidence of any prosecution at all” and that two decades is an unprecedented amount…

View original post 41 more words

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s