Speedy
Trial
On
April 21, 2009 an arrest warrant was issued for David Gill for a misdemeanor
theft charge. State v. Gill, 283 P.3d 236 (Kan. Ct. App.
2012). In February of 2010 the state moved to dismiss the case in order
to refile the charge as a felony theft. A year and a half after the
original warrant was issued, the State filed a felony theft charge against
Gill.
Gill
then filed a motion to dismissing the felony theft charge, arguing that the
period between the misdemeanor charge and felony charge caused a violation of
his Sixth Amendment and statutory rights to a speedy trial.
After
considering the four balancing factors, known as the Barker factors, for
determining whether the right to a speedy trial had been violated, the court
determined that because only one factor, he asserted his right to a speedy
trial, there was no constitutional violation present. First, the length
of delay, a ten-month period between the state’s dismissal of the misdemeanor
theft charge against Gill and the filing of the felony theft charge was not
considered as party of the delay. Thus, the period of 6 months between
the filing of the felony charge and trial court’s dismissal of the charge did
not violate Gill’s Sixth Amendment right to speedy trial.
For
more information regarding Sixth Amendment rights contact Dionne or Lindsey at
913.948.9490.
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