Duncan v. State

The majority court, in my opinion, has made a grave mistake by its failure to recognize the appellant waived or concurred in the delay of his trial. The pertinent dates and narrated events are as follows:

10/18/82 Appellant was charged with first degree murder.

4/18/84 On this date, the appellant’s eighteen-month speedy trial period expired. During this period, neither the state nor appellant had moved for any continuances; nor did appellant file a motion to dismiss for a delay.

7/19/84 Instead, appellant, on this date, moved for a continuance, stating he had a witness who would be unavailable…