BLANKENSHIP'S ATTORNEY REQUESTS DISMISSAL OVER PRESENTMENT TIME FRAMES

(03/03/2012)

The attorney for James Blankenship sought a dismissal of a multiple criminal case against the Calhoun man in Calhoun Circuit Court. The dismissal request was related to a delay to present a case against him, the charges were filed in 2010. Prosecutor Rocky Holmes told the court that the case had been delayed because, "We've been waiting forever for results from the State Police Crime Lab," while indicating the results are now arriving. He said the motion for dismissal is premature. Blankenship's attorney Shannon Baldwin said she had not seen the lab results. While the case appears to be stretching legal boundaries for presentment, Judge David W. Nibert raised the issue that a former defense attorney had asked for a continuance, which would extend the time frames for presentment. The trial is set for March 20.

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