Defendant in Holly Bobo case files motion to dismiss indictment - WRCBtv.com | Chattanooga News, Weather & Sports

Defendant in Holly Bobo case files motion to dismiss indictment

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A defendant in the Holly Bobo case has filed a motion to dismiss the indictment for unnecessary delay. If the indictment is not dismissed the defendant is asking that the prosecutor in this case be jailed for due to willful civil contempt.

Counsel for the defendant, Jason Wayne Autry, states in a motion filed Tuesday, that the Court granted the accused's motion for a bill of particulars and directed the filing thereof. The Court also granted the accused's motion for notice of intent to use evidence and that the discovery materials be furnished by August 29, 2014. According the motion filed, "the State of Tennessee, represented serially by two District Attorneys General and by one District Attorney General Pro Tempore, has inexplicably and inexcusably refused to comply with each of these orders. Indeed, the State of Tennessee did not furnish any discovery materials at all by the August 29, 2014 deadline ordered by the Court."

The accused is now asking that the current prosecutor Jennifer Nichols, who was appointed District Attorney Pro Tempore when the previous General rescued himself, be jailed for non-compliance after being in the prosecuting position for the past four months. Defense counsel contends in the motion that the "State continues to trifle with the Court."

Defense counsel also states in the motion that Mr. Autry was charged in an indictment filed April 29, 2014, and almost a year later he nor his counsel have not yet been told the nature and cause of the accusation.

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