Decision Appealed Immediately By State
Bethany Hooper
SNOW HILL – Visiting Judge Brett Wilson granted a motion Friday to dismiss the case against Tyler Mailloux in Worcester County Circuit Court over lack of jurisdiction. The judge told the prosecution this week that charges could be refiled in district court.
“The State is filing an immediate appeal of the dismissal and we will await the decision of the appellate court,” Worcester County State’s Attorney Kris Heiser said in a statement Friday. “Nothing will happen with the case until that decision comes down.”
This story will be updated.
I knew it ??? JUST SHAKING MY HEAD. He must be friends with obiden.
Doesn’t say much for the prosecutor not knowing which court to file in. Seems like that should be a no brainer.
She filed it correctly – the appeal will likely be won, but unfortunately this will take longer. I can’t imagine what that grieving family continues to go through.
Oh Ok, Kris Heiser! Thank you for letting us know that you “filed it correctly.” Guess what, Butter Cup, if you “filed it correctly” then Judge Wilson wouldn’t have dismissed your case in court. DUH!!
11:04 – did you read the posting from the boy’s dad below?
9:19 – this is from Ray Knupp via the facebook page:
Ray Knupp
17h ·
Thank you for thinking of us. We are ok just trying to process it all.
This doesn’t mean the charges are dismissed it simply means we have to either try it in the District Court or we win the appeal to try it in the Circuit Court again.
The Judge miss read the law and and no one can understand why he made that ruling. We have already appealed it and will know in the next few weeks.
If we have to try it in District Court two things could happen, we only have to convince a judge not a jury which is in our favor. The downside is if he gets convicted he can appeal it to the Circuit Court and we have to suffer through the trial again and take another chance that it could get overturned.
This is what happens when the citizens get to vote on their prosecuting attorney because many times its an inexperienced attorney that gets elected. Pitiful!
Put some credentials on these elected positions.