State v. Stinnett

Prejudice can be present in three ways: "'excessive pretrial incarceration, anxiety and concernt of the defendant, and impaired defense." State v. Emery, 318 Or 460, 473-74, 869 P2d 859 (1994).

Defendant appealed his judgment for his conviction for driving under the influence of intoxicants (DUII) under ORS 813.010. Defendant assigned error to the trial courts denial of his motion to dismiss. Defendant argued that the delays in hearings between April 7, 2015 and April 9, 2015 were an unreasonable and prejudicial and that his defense was impaired because of the delay. The State argued the delay was reasonable. Prejudice can be present in three ways: "'excessive pretrial incarceration, anxiety and concernt of the defendant, and impaired defense." State v. Emery, 318 Or 460, 473-74, 869 P2d 859 (1994). The defendant has the burden of proving the prejudice. The Court held that the trial court did not violate the defendant's right to a speedy trial and that the defendant failed to prove his burden that he experienced anxiety from the delay of the case. The Court concluded the anxiety was manifested from the belief the defendant's case was going to be dismissed, but instead extended two weeks so the state can make a decision to retry the DUII charge. Affirmed.