State v. Barton

Defendant was charged with second-degree murder as the result of a shooting on August 21, 1976. He was released on bail after a preliminary appearance on August 23. Trial commenced on November 1, and on November 5 a mistrial was declared because the jury was unable to reach a verdict. The case was set for retrial on February 7, 1977, by the Court Administrator—94 days after the mistrial was declared. On February 4, the 91st day following mistrial, defendant moved for dismissal based upon that portion of CrR 3.3, reading:(b) Time Limit. A criminal charge shall be brought to trial within 90…