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Judge Boyd Denies Motion to Dismiss After Defense Says Complainant Is Deceased
Summary
In a contested hearing in the 187th District Court, Judge Stephanie Boyd denied a defense motion to dismiss a misdemeanor assault case brought by Darren Johnson, rejecting the argument that the complainant's death alone required dismissal and setting the case for jury selection later in the day.
SAN ANTONIO — Judge Stephanie Boyd of the 187th District Court denied a defense motion to dismiss a criminal case on speedy-trial grounds after defense counsel argued that the complainant’s death made cross-examination impossible.
The ruling came during a contested hearing on a motion filed by the defense seeking dismissal because the complainant is deceased and 15 months had passed since indictment. Defense counsel argued the delay and the complainant’s unavailability deprived the defendant of his confrontation rights. The defense presented witness testimony intended to show the complainant had a motive and that the defense…
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