A courtroom dispute in Kanawha County is shedding light on why some felony cases never reach a grand jury. Eyewitness News said Judge Maryclaire Akers held 19 Rule 48 hearings Monday, questioning why charges sent to circuit court went a year without indictment. Rule 48 allows those cases to be dismissed, often without prejudice.
Akers said prosecutors weren’t explaining delays and announced monthly hearings to track cases. Prosecutors say they’ve stopped filing Rule 48 motions with her court, arguing some cases lack the evidence needed to move forward. For now, dismissals may come more slowly for defendants awaiting resolution.