State v. Whelchel

Stephen Whelchel’s Grant County 1987 conviction for first degree murder was vacated by a December 1, 1997 federal writ of habeas corpus judgment. Both parties immediately appealed to the Ninth Circuit. Because no stay was requested, Mr. Whelchel was returned for retrial. Mr. Whelchel moved for speedy trial dismissal under CrR 3.3(c)(5), arguing the rule applied from his original arraignment date in 1986. Rejecting this argument, the trial court decided by analogy that CrR 3.3(d)(3) applied instead. We granted discretionary review. The Ninth Circuit stayed its appeal pending our decision.…