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State v. Moses

The more than 4-year delay coupled with other circumstances supported a finding of presumptive actual prejudice.

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According to the trial court’s order and insofar as we can ascertain from the incomplete record before us,1 it appears that appellee Dante Moses was arrested sometime around December 9, 2004 for the offenses of armed robbery, aggravated assault with intent to rob, possession of a firearm during the commission of a felony and possession of a firearm by a convicted felon; he was indicted for those offenses on or about December 21, 2004.2 His case was called for trial on June 12, 2006,3 but dismissed for “want of prosecution” because the State declared it was not ready to proceed. Moses was re-indicted on June 30, 2006 and subsequently re-arrested on August 12, 2006. He was released on bond September 11 or 12, 2006. A “Complex Criminal Case Management Order” was filed on September 13, 2006.

On November 14, 2008 Moses filed a motion to dismiss the indictment, asserting that his constitutional right to a speedy trial had been violated. In this motion, he asserted a demand for trial, noting that his case had not yet been placed on a trial calendar. Following a hearing, the trial court granted the motion on January 8, 2009, and the State timely filed the present appeal.

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