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Leverett v. State

The trial court did not abuse its discretion in denying the defendant's speedy trial motion.

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Mack Leverett appeals the order denying his motion to dismiss the indictment against him for violation of his constitutional right to a speedy trial. Because we conclude that the trial court did not abuse its discretion in weighing the relevant factors for determining whether there has been a constitutional speedy trial violation, we affirm. Leverett was arrested on September 5, 2008. He was charged with possession of marijuana with intent to distribute and obstructing or hindering a law enforcement officer. Although the case appeared for trial in June 2010, it was not reached then. The case again was called for trial in July 2010, but defense counsel indicated a need for time to file additional motions, so the case was not tried. The case appeared on the August 2010 trial calendar, when the trial court heard the earlier filed motions, but it was not reached for trial. Leverett consented to a continuance from September through November 2010 because a state’s witness was unavailable due to family medical leave.

The case was scheduled for trial in January 2011, but the courts were closed because of inclement weather. The case was called for trial on February 7, 2011, but Leverett had retained new counsel who had a conflict, the trial of another case. The case was called for trial on February 14, 2011, but defense counsel’s conflicting trial had not ended. The case was specially set for trial on March 7, 2011; it was not tried then because Leverett filed this motion, the first time he raised the issue of his right to a speedy trial, and the court stayed the proceedings pending Leverett’s appeal of the denial of the motion to dismiss.

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