State Ex Rel. Knotts v. Facemire
West Virginia Supreme Court
1Opinion of the Court
McHUGH, Justice:
Petitioner James L. Knotts seeks a writ of prohibition to prevent a criminal jury trial set before the Circuit Court of Clay County 1 from proceeding based on the lengthy delay between the alleged criminal offenses and the issuance of the indictment predicated on those offenses. Citing the thirteen-year period between when the State was first made aware of the alleged offenses and when it finally decided to charge him, 2 Petitioner argues that the delay constitutes a violation of his due process rights. 3 In explanation of the lengthy delay, the State asserts that the alleged…
2Cases cited29 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- United States v. MarionSupreme Court of the United States · 1971
- Doggett v. United StatesSupreme Court of the United States · 1992
- United States v. LovascoSupreme Court of the United States · 1977
- United States v. GouveiaSupreme Court of the United States · 1984
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3Cited by31 opinions
- State v. JessieWest Virginia Supreme Court · 2009
- State of West Virginia v. Timothy Ray SutherlandWest Virginia Supreme Court · 2013
- Conte v. StateSupreme Court of Arkansas · 2015
- Miller v. MoredockWest Virginia Supreme Court · 2011
- Reed v. StaffilenoWest Virginia Supreme Court · 2017
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