James Hill v. State of Indiana

May, Judge.

*1107 [1] In this interlocutory appeal, James Hill appeals the denial of his motion to dismiss the charges against him. He argues his due process rights were violated by the thirty-six year delay in charging him with murder, 1 murder in perpetration of robbery, 2 and Class A felony attempted robbery. 3 He contends his defense was prejudiced because his alibi witnesses died in the intervening years. He also claims the State was not justified in its delay.

[2] While we agree the State's reason for delay was tenuous at best, we conclude Hill has not demonstrated prejudice. Thus, we affirm…