Bishop v. State

Leon Bishop, the appellant, was convicted of sexual abuse in the first degree. He was sentenced as a habitual felony offender to serve four years in the penitentiary. He raises two issues on appeal.

I

The appellant contends that he was denied his constitutional right to a speedy trial. He argues that the five-year and eight-month delay between his arrest and trial constitutes prima facie evidence that the delay was prejudicial to his defense because memories fade over such lengths of time.

This issue was raised in a pre-trial motion to dismiss and in a post-trial motion for a new trial. The…