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State v. Stallworth

While the 28-month delay between the defendant's arrest and his motion to dismiss was presumptively prejudicial, the state did not deliberately cause the delay, the defendant waited to assert his speedy trial rights and he failed to show specific prejudice from the delay.

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The State appeals the trial court’s order granting Tonio Stallworth’s motion to dismiss his indictment on speedy trial grounds. For reasons that follow, we reverse. 1. Initially, we note that the State’s brief contains no proper citations to the record, in violation of Court of Appeals Rule 25 c 2 iii. We caution the State “that reference to the record should be indicated by specific volume or part of the record and by R-Page Number of the Record. And where proper citations are not provided, we will not cull the record on appellant’s behalf.”1

2. We apply an abuse of discretion standard when reviewing the grant of a motion to dismiss based on a violation of the constitutional right to a speedy trial.2 A trial court abuses its discretion when it rules without evidence to support the ruling or contrary to law or equity.3 Stallworth was arrested on May 17, 2005 and indicted on two counts of burglary on May 24, 2005. He moved to dismiss the indictment on speedy trial grounds on September 20, 2007. His case had never been placed on a trial calendar. The trial court granted Stallworth’s motion to dismiss in December 2007, finding that the more than 30 month delay was presumptively prejudicial and concluding that, after weighing the other factors it was required to consider under Barker v. Wingo 4, Stallworth’s right to a speedy trial had been violated.

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