Commonwealth v. Waddler

By Judge Mark S. Davis

This matter is before the Court on defendant’s motion to dismiss, pursuant to Va. Code § 19.2-243, counts two and four of indictment number 04-2704, as well as defendant’s speedy trial obj ection to the Commonwealth’s motion for nolle prosequi of count two in indictment number 03-2890.1 Counsel argued the motion to dismiss and objection to motion for nolle *258prosequi on November 16, 2004, and the Court took the matters under advisement. The factual and procedural background of these motions, discussion of the issues, and conclusions are set forth below.2

Factual and…