Harris v. Commonwealth

In this appeal, we consider a defendant’s claims that he was denied his right to a speedy trial under Code § 19.2-243 and the Sixth Amendment of the United States Constitution where he was reindicted for the same offenses following the granting of the Commonwealth’s motion for nolle prosequi on the original indictment. The dispositive issues are whether the Commonwealth had good cause for the nolle prosequi motion, and whether its motivation therefor constituted a bad faith or oppressive tactic amounting to prosecutorial misconduct.

BACKGROUND

In 1995, David J. Harris falsely represented to his…