State v. Preston A. Madplume

¶1 In October 2004 Preston A. Madplume (Madplume) was charged with the offense of sexual intercourse without consent after DNA evidence revealed the presence of the accuser’s DNA on Madplume’s finger. An omnibus hearing was scheduled but was continued seventeen times at Madplume’s request. During this time Madplume signed a waiver of his right to a speedy trial. In September 2005 Madplume moved to suppress the DNA evidence on the ground that it was obtained without a warrant and therefore resulted from an unlawful search of his person. The District Court granted his motion. The State appealed…