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State v. Johnson

The trial court erred in ruling that the defendant timely asserted his speedy trial rights, and in ruling that the defendant was subjected to oppressive pretrial incarceration and experienced unusual anxiety due to his 29-month incarceration before he was released on bond.

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More than five years after he was arrested, John Johnson still had not been brought to trial, so he moved to dismiss his indictment, arguing that he had been denied his constitutional right to a speedy trial. The trial court granted his motion, and the State appeals. The principles that guide a court in its consideration of whether a delay in bringing an accused to trial amounts to a denial of his right to a speedy trial are set out in Barker v. Wingo, 407 U. S. 514 92 SC 2182, 33 LE2d 101 1972, and Doggett v. United States, 505 U. S. 647 112 SC 2686, 120 LE2d 520 1992,1 and the State contends that the trial court misapplied some of these principles in this case. We agree, and we reverse the decision below and remand for the trial court to correctly apply the principles set out in Barker and Doggett.

The record shows that Brandon Scott was killed on the evening of December 31, 2005, and Johnson, Albert Reaux, and Michael Williams were arrested and charged with his murder. Johnson was arrested on July 6, 2006, and he, Reaux, and Williams were indicted in October 2006. A trial was specially set to begin on September 15, 2008. Before trial, however, Reaux and Williams agreed to testify against Johnson, and the prosecuting attorney dropped the charges against Reaux and Williams. Prior to their release from custody, Reaux was served with a subpoena to appear at trial, but Williams was not.

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