Legal Opinion

State v. Wilkerson

Court of Appeals of North Carolina

Decided February 6, 2018No. COA17-800PublishedCited by 11 opinions

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

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Doggett v. United StatesSupreme Court of the United States · 1992
  3. Smith v. HooeySupreme Court of the United States · 1969
  4. State v. CookeSupreme Court of North Carolina · 1982
  5. State v. GrahamCourt of Appeals of North Carolina · 2009

11 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. AmbrizCourt of Appeals of North Carolina · 2022
  2. State v. AmbrizCourt of Appeals of North Carolina · 2022
  3. State v. AmbrizCourt of Appeals of North Carolina · 2022
  4. State v. BoydCourt of Appeals of North Carolina · 2025
  5. State v. CrispCourt of Appeals of North Carolina · 2024

6 more not listed; retrieve them via the Exa API.

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