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Judge signals grant of plea in bar in Kennerly case over amended accusation beyond limitations period
Summary
In a contested pretrial hearing, Judge Tammy Long Hayward indicated she would grant a plea in bar for defendant Manuel Kennerly after defense argued the state amended a fatally flawed accusation after the statute of limitations had run; order to be prepared by defense counsel.
Judge Tammy Long Hayward said she was inclined to grant a plea in bar in the case State v. Manuel Kennerly after defense counsel argued prosecutors amended a 2021 accusation that earlier used the phrase "said offender" rather than naming a victim, and that the amendment was made after the statute of limitations had run.
The hearing turned on whether the amended accusation simply corrected a typographical error or materially altered the original charge. Defense attorney Byron Morgan told the court the original accusations language meant the defendant was never charged with an offense that named a victim, so the statute of limitations had run; he cited Thomas v. State (1998) to support that an…
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