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Thomas v. State

Under the circumstances, the 51-month delay between defendant's arrest and final trial date did not constitute a denial of his right to a speedy trial.

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Christopher Thomas appeals the denial of his motion to dismiss the indictment and request for discharge and acquittal for an alleged violation of his right to a speedy trial under the Sixth Amendment of the Constitution of the United States.1 Applying the criteria of Barker v. Wingo, 407 U. S. 514 92 SC 2182, 33 LE2d 101 1972, we conclude that Thomas has failed to establish that his federal constitutional right to a speedy trial has been violated, and we affirm.

A detailed chronology is in order. Thomas was arrested on February 22, 1995, in connection with the July 20, 1994, fatal shooting of James Lee Chambers. Thomas applied for bond on August 10, 1995, and was granted a $500,000 bond on August 30, 1995. He was indicted for the murder in September 1995. He again applied for bond on September 14, 1995, and it was granted on October 17, 1995; but he remained in custody at that time. In the meanwhile, on October 10, 1995, Thomas’s attorney filed consolidated motions and demands for reciprocal discovery including a state statutory demand for speedy trial; however, the demand was withdrawn on the day of filing. A motion for bond reduction was filed on November 8, 1995, and a hearing on several of Thomas’s other motions was set for November 13, 1995. Thomas’s attorney applied for a leave of absence through January 5, 1996.

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