State v. Whitlow

A court will balance the actual prejudice caused to a defendant by the state’s pre-indictment and speedy trial delay with the state’s justification for that delay in deciding whether or not to grant dismissal of charges.

The State appealed the dismissal of multiple sexual abuse charges filed against Defendant and Defendant cross-appealed the trial court’s dismissal of his motion for dismissal on double jeopardy grounds. Defendant’s step-granddaughter alleged that he sexually molested her while she was living with him in August and September of 2005. Nearly 5 years later, Defendant was arrested and charged with sexually molesting a minor. After a first trial resulted in a mistrial, the State re-prosecuted and Defendant moved to dismiss based on preindictment delay and lack of speedy trial. In a separate motion, Defendant also sought dismissal on double jeopardy grounds. The trial court dismissed Defendant’s first motion but denied his second. The Court of Appeals affirmed and dismissed Defendant’s cross-appeal as moot. Affirmed.