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STATE v. SCHMITT

No. 87A04-0903-CR-151.

915 N.E.2d 520 (2009)

STATE of Indiana, Appellant-Defendant, v. Lindsey D. SCHMITT, Appellee-Plaintiff.

Court of Appeals of Indiana.

October 28, 2009.

Attorney(s) appearing for the Case

Mark K. Phillips, Boonville, IN, Attorneys for Appellee.

Gregory F. Zoeller, Attorney General of Indiana, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

OPINION

MATHIAS, Judge.

The Warrick Superior Court dismissed criminal misdemeanor charges against Lindsey Schmitt ("Schmitt") due to the State's failure to comply with court-ordered discovery. The State appeals and argues that the trial court erred when it dismissed the charges as a sanction for a discovery violation absent a showing of deliberate misconduct or bad faith. Concluding that the trial court did not clearly err when it dismissed the charges as...

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