State v. Rogers

I agree with the majority that whether pre-accusation delay is fatal to bringing a charge, as here, against a defendant, is governed by the decision of the United States Supreme Court case of United States v. Marion.1 I disagree with the majority’s interpretation of that decision, and I would reverse and remand for further proceedings in the trial court because the trial court did not apply the standards of Marion and it should be given an opportunity to apply those standards following an evidentiary hearing on the defendant’s motion to dismiss for delay.

1 disagree with the clear implication…