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Sweatman v. State

The defendant failed to show prejudice from the presumptively prejudicial 5-year delay from her arrest on charges of murder and other crimes arising from her 19-month-old son's death until denial of her dismissal motion on speedy trial grounds.

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Brittany Sweatman, who is charged with murder and other crimes, asserts that the trial court erred in denying her motion to dismiss the indictment on constitutional speedy trial grounds. The trial court applied the proper framework for analyzing the speedy trial issue and did not abuse its discretion in denying the motion. Accordingly, we affirm. 1. On March 18, 2005, Sweatman was alone with her boyfriend’s 19-month-old son, Ashton David Correia. Sweatman claims that when she left the child momentarily to blow-dry her hair in a nearby bedroom, the child attempted to climb onto the dining room table and fell backwards two-and-a-half feet onto an uncarpeted wood floor, knocking him unconscious. Sweatman called her boyfriend and then 911. The child died 11 days later.

The State contends that Sweatman killed the child and concocted the story about the fall to cover up her crimes. The State’s theory is premised on the medical examiner’s discovery of four to seven bruises on the back of the child’s head, which the medical examiner says are inconsistent with Sweatman’s account. The defense maintains that a malignant tumor mass, discovered by its expert but overlooked by the medical examiner, invaded the child’s spinal cord and brain and caused his death.

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