State v. Wilkerson
Court of Appeals of North Carolina
1Opinion of the Court
TYSON, Judge.
*391 *927 Robert Earl Wilkerson ("Defendant") appeals from the denial of his motion to dismiss for violation of his right to a speedy trial. The superior court failed to adequately weigh and apply the factors in Barker v. Wingo , 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972), after our previous remand, and failed to fully consider the prima facie evidence of prosecutorial neglect. We vacate the superior court's order and again remand this matter to the superior court for a full evidentiary hearing and to make proper findings and analysis of the relevant factors.
I. Background
On 2…
2Cases cited16 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Doggett v. United StatesSupreme Court of the United States · 1992
- Smith v. HooeySupreme Court of the United States · 1969
- State v. CookeSupreme Court of North Carolina · 1982
- State v. GrahamCourt of Appeals of North Carolina · 2009
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