[Download] "State v. Estencion" by Hawaii Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Estencion
- Author : Hawaii Supreme Court
- Release Date : January 31, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
On September 2, 1978, defendant was arrested and released on bail. He was not indicted by the grand jury until February 28, 1979. On March 7, 1979, he was arraigned; because of Rule 12(c), which allowed 21 days to file pretrial motions, the court set trial for March 29, 1979. Due to the courts occupation with a lengthy trial, an immediate setting after March 29 was unavailable; the court settled on April 16, 1979 as the earliest trial date. On March 28, 1979, defendant filed his motion to dismiss under Rule 48, and the court granted the motion, ruling, inter alia, that (1) seven and one-half months elapsed between the arrest date and trial date; (2) it would exclude 19 days due to court congestion under Rule 48(c)(2), (3) even with the exclusion, more than six months elapsed since the arrest; (4) defendant suffered prejudice by the delay; (5) the dismissal be with prejudice.
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