Graves v. United States

467 A.2d 712, 1983 D.C. App. LEXIS 494
CourtDistrict of Columbia Court of Appeals
DecidedSeptember 23, 1983
DocketNo. 82-94
StatusPublished
Cited by2 cases

This text of 467 A.2d 712 (Graves v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Graves v. United States, 467 A.2d 712, 1983 D.C. App. LEXIS 494 (D.C. 1983).

Opinions

KELLY, Associate Judge, Retired:

Appellant appeals his conviction for first-degree murder/felony murder, D.C.Code § 22-2401 (1973) [recodified as D.C.Code § 22-2401 (1981)], first-degree burglary, D.C.Code § 22-1801(a) (1973) [recodified as D.C.Code § 22-1801(a) (1981)], and robbery, D.C.Code § 22-2901 (1973) [recodified as D.C.Code § 22-2901 (1981)], claiming that his Sixth Amendment right to a speedy trial was violated by the twenty-five month hiatus between his arrest and trial.1 Balancing the four factors enunciated by the Supreme Court in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), we conclude that, notwithstanding the gravity of the offenses with which he was charged, appellant’s speedy trial right was denied and, accordingly, reverse and remand for dismissal of the indictment.

[714]*714I

Appellant was arrested on October 16, 1979.2 Two days later, the District of Columbia Parole Board filed a detainer against him. A preliminary hearing was waived on October 22, 1979, and a twenty-five hundred dollar ($2,500) bond was imposed. Appellant’s motion for review of bond, filed on December 3, was denied. On January 16,1980, three months after arrest, an indictment was returned against appellant and two codefendants, Alvin Poston and Larry Brown; arraignment occurred on January 30. A status hearing, set initially for March 30, was continued upon successive government requests to April 7 and then to April 24, at which time trial was set for August 11.

On August 11, trial was continued to September 3, at the government’s request,3 and appellant’s oral motion to dismiss for lack of prosecution was denied. On September 3, again upon the government’s request, trial was continued further to December l.4 An oral motion by appellant to dismiss for lack of speedy trial was denied. Then, on September 9, the government filed a motion to change the December 1 trial date, based upon the anticipated unavailability of two government witnesses. Over appellant’s opposition, the court rescheduled trial for December 11.

On November 13, 1980, appellant filed a motion to dismiss for lack of speedy trial which, by written order dated December 9, was denied. Despite noting that appellant had been incarcerated since his arrest on October 16, 1979, the court held that appellant’s general allegation of prejudice, which it found to arise principally from the impairment of his defense and which was asserted for the first time in that motion, failed to demonstrate a violation of his Sixth Amendment right to a speedy trial.

Thereafter, on the scheduled trial date of December 11, the court granted appellant’s motion to suppress his confession and continued trial to the following day. The next day, the government announced its intention to appeal the court’s ruling and, on December 22, filed its notice of appeal. While certifying pursuant to D.C.Code § 23-104(a)(l) (1973) [recodified as D.C. Code § 23-104(a)(l) (1981) ], that the appeal was “not taken for delay” and that the suppressed confession constituted “substantial proof of the charges pending” against appellant, the government did not move this court for expedited consideration. See D.C.Code § 23-104(e) (1973) [recodified as D.C.Code § 23-104(e) (1981)]; D.C.App.R. 4 III.

Meanwhile, on November 21, the parole board detainer against appellant was lifted. Appellant moved to modify bond on December 16 which the government opposed. On January 13, 1981, the motion was denied; appellant remained in jail. At an April 27 status hearing (to which the ease had been continued following a status hearing on January 26), appellant orally moved to dismiss for lack of speedy trial and to reduce bond. Both motions were denied and the case again was continued to a status hearing on June 17, 1981.

Almost six months after filing its notice of appeal, on June 17,1981, the government announced that it intended to dismiss the appeal, a motion to that effect having been filed with this court five days earlier. Our [715]*715mandate from a June 19 order dismissing that appeal issued on July 2, 1981.

Appellant renewed his motion to dismiss for lack of speedy trial on August 14. After argument, the court took the matter under advisement and set trial for October 28. Following several continuances due to its unavailability, on November 5,1981 — approximately twenty-five* months after his arrest, the court denied appellant’s motion by written order and trial began. In ruling, the court incorporated the reasoning for the denial of appellant’s earlier motion and commenced its analysis from that date. Characterizing the appellate delay which followed the grant of appellant’s motion to suppress as reasonable and apparently not caused deliberately to obtain a tactical advantage, the court concluded that, although the claim was “a close one,” appellant had failed to proffer evidence of actual prejudice, sufficient to warrant “the drastic sanction of dismissal.”

In this appeal from the trial court’s written order,5 we review both as to the facts and the law and will reverse only for errors of law or if the court’s finding is plainly wrong or without evidence to support it. See D.C.Code § 17-305(a) (1973) [recodified as D.C.Code § 17-305(a) (1981)]; Reid v. United States, 402 A.2d 835, 837 (D.C.1979). Applying anew the “sensitive balancing test” enunciated in Barker v. Wingo, supra, we conclude that the trial court did err in its interpretation of the law and, accordingly, we reverse.

II

The trial court’s evaluation of appellant’s speedy trial claim entailed the “difficult and sensitive balancing” of four factors: (1) the length of delay, (2) the reasons for delay, (3) the assertion of the right by the defense, and (4) the prejudice resulting to the defendant. Barker v. Wingo, supra, 407 U.S. at 530, 92 S.Ct. at 2191; Bethea v. United States, 395 A.2d 787, 790 (D.C.1978). We review each factor and the court s findings thereon in order.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Graves v. United States
490 A.2d 1086 (District of Columbia Court of Appeals, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
467 A.2d 712, 1983 D.C. App. LEXIS 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graves-v-united-states-dc-1983.