State v. Benson

“To succeed on a claim of a due process violation caused by a preindictment delay, a defendant must ‘show that the delay actually prejudiced the defendant, and that the government culpably caused the delay.’” State v. Stokes, 350 Or 44, 64 (2011).

Defendant appealed denial of his motion to dismiss a conviction of first-degree rape. Defendant argued that the 91-month pre-indictment delay violated due process and resulted in prejudice. The State argued that Defendant did not meet the burden of proving actual, not speculative, prejudice. “To succeed on a claim of a due process violation caused by a preindictment delay, a defendant must ‘show that the delay actually prejudiced the defendant and that the government culpably caused the delay.’” State v. Stokes, 350 Or 44, 64 (2011). The Court reviewed the complete record in order to determine whether Defendant suffered actual prejudice caused by the delay. The Court found that Defendant’s arguments about prejudice caused by a missing report were “too speculative.” Similarly, the Court found that Defendant’s claims related to faded memories failed to reach the level of “actual, substantial prejudice.” The decision of the Court of Appeals is affirmed. The judgment of the circuit court is affirmed in part and reversed  in  part, and the case is remanded to the circuit court for further proceedings.