State v. Green

389 S.W.3d 684, 2012 WL 3264400, 2012 Mo. App. LEXIS 974
Missouri Court of Appeals·Decided August 13, 2012·No. No. SD 31170·Published·Cited by 2 cases

Opinion

DON E. BURRELL, Presiding Judge.

Melvin M. Green (“Defendant”) challenges his convictions and resulting consecutive life sentences for attempted forcible rape, two counts of forcible sodomy, and three counts of first-degree robbery. See sections 564.011, 566.030, 566.060, and 569.020.1 Defendant does not challenge the sufficiency of the evidence to sustain his convictions or assert that any reversible error occurred during his trial; rather, Defendant claims the charges against him should have been dismissed because he was denied his statutory and constitutional rights to a speedy trial.2

The State concedes that “[t]he delay of nineteen months from the date of arrest to the beginning of trial is presumptively prejudicial” but asserts that other factors [686] support the trial court’s denial of Defendant’s “motion to dismiss for violation of Defendant’s right to speedy trial” (“the speedy-trial motion”).3 Because Defendant’s defense strategy was not impaired by the delay — the most important factor to be considered — and the trial court was not required to believe Defendant’s testimony about other consequences he claimed to have suffered — the trial court did not err in refusing to dismiss the case.

Applicable Law

The protections of the Sixth Amendment of the United States Constitution and article I, section 18(a) of the Missouri Constitution “provide equivalent protection for a defendant’s right to a speedy trial.” State v. Taylor, 298 S.W.3d 482, 504 (Mo. banc 2009). The United States Supreme Court described as follows the difficulty of determining when such a violation has occurred.

[T]he right to speedy trial is a more vague concept than other procedural rights. It is, for example, impossible to determine with precision when the right has been denied. We cannot definitely say how long is too long in a system where justice is supposed to be swift but deliberate. As a consequence, there is no fixed point in the criminal process when the State can put the defendant to the choice of either exercising or waiving the right to a speedy trial.
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[A]ny inquiry into a speedy trial claim necessitates a functional analysis of the right in the particular context of the case: “The right of a speedy trial is necessarily relative. It is consistent with delays and depends upon circumstances. It secures rights to a defendant. It does not preclude the rights of public justice.” [Beavers v. Haubert,] 198 U.S. [77] at 87, 25 S.Ct. [573] at 576, 49 L.Ed. 950 [ (1905) ]. The amorphous quality of the right also leads to the unsatisfactorily severe remedy of dismissal of the indictment when the right has been deprived. This is indeed a serious consequence because it means that a defendant who may be guilty of a serious crime will go free, without having been tried. Such a remedy is more serious than an exclusionary rule or a reversal for a new trial, but it is the only possible remedy.

Barker v. Wingo, 407 U.S. 514, 521-22, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972) (footnotes omitted).

In determining whether a defendant’s right to a speedy trial has been violated, “courts must still engage in a difficult and sensitive balancing process.” Id. at 533, 92 S.Ct. 2182. That balancing process involves the consideration of four factors: “(1) the length of delay; (2) the reason for the delay; (3) the defendant’s assertion of his right; and (4) prejudice to the defendant.” Taylor, 298 S.W.3d at 504; see also Barker, 407 U.S. at 530, 92 S.Ct. 2182. “[T]he pertinent time period begins at arrest or indictment; that is, when a suspect officially becomes an ac[687] cused.” State v. Scott, 348 S.W.3d 788, 794 (Mo.App. S.D.2011).

The right to a speedy trial does not apply to pending complaints that represent only the possibility that a criminal indictment or information will be filed. [Dillard v. State, 931 S.W.2d 157, 161 (Mo.App. W.D.1996).] A mere complaint places no actual restraints on a defendant, nor does its filing require him to begin to protect his interests. Id. The filing of a criminal complaint does not make a defendant an “accused.”

State v. Williams, 120 S.W.3d 294, 299 (Mo.App. W.D.2003).

Standard of Review

Although Defendant’s brief includes a section entitled “Standard of Review,” it does not identify a particular type of error alleged to have been committed by the trial court, such as abusing its discretion, ruling without sufficient evidence, ruling against the weight of the evidence, or erroneously declaring or applying the law. Cf. State v. Knox, 697 S.W.2d 261, 263 (Mo.App. W.D.1985) (order dismissing for speedy trial violation under section 545.780 reviewable as lacking substantial evidence to support it, being against the weight of the evidence, and erroneously declaring or applying the law). Instead, Defendant’s “[standard of [r]eview” simply presents the Barker factors as the means for determining whether Defendant’s speedy trial right was violated, including Barker’s recognition that the factors involve a “difficult and sensitive balancing process.” 407 U.S. at 533, 92 S.Ct. 2182.

The State’s brief points out that “the appellate courts have applied the various factors in the speedy trial analysis without setting forth any standard of review.” See, e.g., Taylor, 298 S.W.3d at 504; State v. Atchison, 258 S.W.3d 914, 919-20 (Mo.App. S.D.2008).

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State v. Green, 389 S.W.3d 684, 2012 WL 3264400, 2012 Mo. App. LEXIS 974 (Mo. Ct. App. 2012).

389 S.W.3d 684 (State v. Green) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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