Carter v. State

Darrell Hickman, Justice.

The only issue in this case is whether the State had good cause for seeking and obtaining a nolle prosequi of a murder charge against the appellant, Janis Carter. If so, it is conceded by both parties that Carter’s conviction for killing her husband and sentence to two years imprisonment must stand; if not, then her conviction must be set aside because she was not brought to trial within the time required by our rules. A.R.Cr.P., Rule 28.2.

Just before Carter was to be tried in November, 1980, it was learned for the first time that her daughter, Melissa, who was…