Tuesday, February 13, 2007

Speedy trial reversal

Edward C. Gillette won in State v. Dobbels, No. 94,808 (Kan. App. Feb. 9, 2007)(unpublished), reversing a Johnson County felony DUI conviction on statutory speedy trial grounds. Here is an excerpt from the decision:
Everyone agrees that 22-3402 would have permitted Dobbels to be tried on April 4, 2005. However, at the April 1, 2005, pretrial conference, the State requested a continuance because a law enforcement officer would be unavailable for the trial due to the death of the officer's mother. That scenario is specifically addressed in K.S.A.2005 Supp. 22-3402(5)(c) . . . . Unfortunately, the State did not proceed under subsection (5)(c), either in requesting the continuance or in arguing against defendant's dismissal motion. Likewise, the district court did not make any findings relative to the requisite materiality, unavailability, reasonable efforts to obtain, or future availability of the officer's testimony. Although one can perceive that the State might well have been able to obtain the requested continuance under 22-3402(5)(c), we feel constrained from supplying the factual findings necessary to apply that provision.

Nice decision.

[Update: the state filed a PR on March 12, 2007].

[Further update: the KSC denied the PR and the mandate issued on June 25, 2007].

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