Legal Opinion

Emery v. State

Supreme Court of Arkansas

Decided January 15, 1973No. 5797PublishedCited by 1 opinion

1Opinion of the Court

Conley Byrd, Justice.

Appellant Charles Timothy Emery filed a motion to dismiss the charges of burglary and grand larceny against him for failure to prosecute within the time limits set out in Ark. Stat. Ann. § 43-1708 (Repl. 1964), but before the motion was ruled on by the court, he entered a plea of guilty. After sentence, he filed a post conviction petition to set aside his convictions on the basis that his constitutional right to a speedy trial had been violated. The trial court denied his post conviction petition on the basis that his guilty plea voluntarily waived his alleged right to a…

2Cases cited2 opinions

  1. The People v. De ColaIllinois Supreme Court · 1959
  2. McDonald v. StateSupreme Court of Arkansas · 1972

3Cited by1 opinion

  1. State v. McGeeSupreme Court of Iowa · 1973

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