State v. Schuessler

The question here is whether an indictment is “found” for purposes of Iowa Rule of Criminal Procedure 27(2)(a) when it is approved by the district court or when it is filed by the court clerk. The district court determined an indictment is found when it is approved by the court and denied appellant’s motion to dismiss for lack of speedy indictment. We disagree and reverse.

I. Background Facts and Proceedings.

On August 31, 1995, Vernon Schuessler received citations in lieu of arrest for traffic violations. On Monday, October 16, 1995, the district court approved the fifing of the trial…