Where the state challenged the dismissal of criminal charges against defendant, the trial court plainly erred in finding that the state violated discovery rules and speedy trial rules because the state was not in control of and could not request disclosure of the requested discovery material, which was in the possession of a federal agency, and the trial court did not have jurisdiction to subpoena materials in the possession of a federal agency that was not a party to the case.
Judgment is reversed and remanded.
State v. Nixon (MLW No. 79963/Case No. ED110548 – 14 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.) Appealed from circuit court, St. Louis City, Noble, J. (Richard A. Starnes and Andrew Bailey for appellant) (Anne R. Legomsky and Kristina S. Olson for respondent).