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Grizzard v. State

The trial court abused its discretion in weighing lightly the state's admitted negligence in prosecuting the defendant on child molestation charges and in discounting the actual prejudice, which is presumed in delays exceeding five years.

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In this criminal action, William Grizzard appeals the trial court’s denial of his plea in bar, in which he argued that he was denied his constitutional right to a speedy trial. He points to the more than eight-year delay between his arrest and the calling of his case for trial. In light of the extraordinarily-long delay, we hold that the trial court abused its discretion in weighing lightly the State’s admitted negligence in bringing this matter to trial and in discounting the actual prejudice that is presumed in delays exceeding five years. Accordingly, we reverse. The undisputed facts show that on October 10, 2000, Grizzard was arrested on six charges of child molestation, for which he was indicted on February 5, 2001. Although Grizzard was released on bond, he was required to wear an ankle monitor to ensure he stayed near home, which monitor remained with him until April 2008.

Shortly after his indictment, Grizzard moved to dismiss four of the indictment’s six counts on statute-of-limitation grounds. In October 2001, the trial court denied the motion to dismiss but certified the matter for immediate review. On appeal, we reversed and ordered that the four counts be dismissed. Grizzard v. State .1 The trial court received the remittitur in November 2002 and entered judgment accordingly.

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