State v. Cyr

CLIFFORD, Justice.

The State appeals from a judgment of the Superior Court (Androscoggin County, Alexander, J.) dismissing an indictment charging James Cyr with arson (17-A M.R. S.A. § 802(1)(B) (1988 & Supp.1990)) because of prejudicial preindictment delay. On appeal, the State contends that the court’s finding that the preindictment delay caused actual and unjustifiable prejudice is clearly erroneous. The State also contends that the court erroneously shifted the burden of proof to the State on the issue of unjustifiable prejudice. Finding no error, we affirm.

In the fall of 1983, James Cyr…