Wednesday, April 18, 2007

Big speedy trial win

Michelle Davis won in State v. Adams, No. 93,640 (Kan. March 16, 2007), reversing several Geary County drug convictions on statutory speedy trial grounds. This case is both procedurally and substantively pretty stunning. Although the speedy trial issue had been raised below, the ADO did not raise it on appeal, because there was some law that was pretty bad for us on the issue. And after the convictions were affirmed by the COA, the KSC granted review on a sentencing issue only. But, after granting review, the KSC ordered supplemental briefs on the speedy trial issue, and here is the decision.

The substance of the decision is important becuase it applies the 180-day limit, even if a client is being held on more than one charge. Under some other precedent, we were led to believe that if a client is being held on more than one charge, no statutory limit applied. But the KSC holds otherwise and determined (correctly) that Mr. Adams had been held more than 180 days and was entitled to discharge.

So, be sure to look carefully at any cases where a client is being held pending more than one charge. This is pretty new law and many prosecutors/judges may not be aware of the ruling. So when you get to 180-days, files those motions for discharge!

No comments: