State v. Lyrek

SCHULTZ, Justice.

This appeal involves the forty-five day speedy indictment requirement of Iowa Rule of Criminal Procedure 27(2)(a). The sole controversy concerns the date the rule 27(2)(a) time period commences for a defendant who is apprehended in another state on an Iowa arrest warrant. In dismissing this action, the trial court determined that more than forty-five days had passed between the date defendant was arrested on the Iowa charge in Minnesota and the date the State filed an indictment. The State contends the rule 27(2)(a) time period does not commence until defendant waives…