Last fall, defense attorney Tommy Manning did what appeared to be a clever thing. He got a case against his client, a Durham policeman accused of assaulting a short-order cook in the parking lot of Blinko’s Restaurant, dismissed on a technicality.

But it turns out Manning wasn’t so clever after all.

He told Judge Debra Sasser the prosecution hadn’t proved Blinko’s was in Wake County, so her court had no jurisdiction over the case. At worst, since Blinko’s is in Wake County, that was an oversight on the prosecution’s part, but the judge agreed with Manning and threw out the charges.

But it turns out Manning was wrong. The Superior Court has overruled Judge Sasser’s verdict and ordered the case retried.

Which leaves Manning looking like he almost pulled a fast one – but not quite.

The Superior Court’s ruling may help restore what must be the cook’s jaded view of our justice system, but he may be worried about one detail. The new trial will also be held in Judge Sasser’s court.

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