State v. Shirley

Mikell, Judge.

Finding a violation of his constitutional right to a speedy trial, the trial court granted Ramone Shirley’s motion to dismiss indictment. The state argues on appeal that the trial court abused its discretion in applying the balancing test formulated by the United States Supreme Court in Barker v. Wingo. For the reasons set forth below, we disagree and affirm.

Shirley was arrested on September 20, 2006, and was subsequently indicted for trafficking in cocaine. He filed his motion to dismiss indictment for delay in prosecution on February 17, 2010. The motion came before the trial…