Appellant Name: Roderick Marchisio
Appellant Attorney(s): N/A
Appellant Attorney(s): N/A
Trial Docket Number: #22-CM-0070
Presiding Trial Judge: The Honorable Colt Daniels
Notice of Appeal Filed:
Presiding Trial Judge: The Honorable Colt Daniels
Notice of Appeal Filed:
- [ X ] Before Verdict
[ ] After Verdict
Reason for Notice of Appeal:
- [ X ] Motion to be overturned
[ X ] Errors in the trials procedure
[ X ] Errors in the judge's interpretation of the law
[ ] New evidence proving appellants innocence
- The underlying case was formally activated and had motions and decisions posted. One of these was a Motion to Amend Charges, that would add charges to the Defendant. The Defense submitted their request for dismissal and this was granted. However, from a due process perspective both parties have the justified trust to one another that the case is being seen through and a dismissal only can be done when either both parties agree to a dismissal or one party dismisses fully. In the underlying case, without approval of any kind from the Prosecution, this request was granted, also not taking into account the Motion to Amend Charges.
Due to this breach of process, the Prosecution appeals the formal dismissal of the Superior Court and requests the Court of Appeals to refer this case back to the Superior Court or verdict on the Motion to Amend Charges in this appeal.