Legal Opinion

State v. MacNeill

Court of Appeals of Utah

Decided September 20, 2012No. 20090863-CAPublishedCited by 2 opinions

1Opinion of the Court

OPINION

ORME, Judge:

« 1 Defendant Martin MacNeill appeals the trial court's denial of his motion to quash bindover. Defendant argues that Rule 25 of the Utah Rules of Criminal Procedure bars refiling the charges against him eight months after they were initially dismissed. Defendant also contends that the refiling violated his due process rights and his right to a speedy trial. We affirm.

BACKGROUND

T2 The State charged Defendant with forcible sexual abuse, pursuant to Utah Code section 76-5-404, and witness tampering, pursuant to Utah Code section 76-8-508. See Utah Code Ann. § 76-5-404…

2Cases cited12 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. United States v. MacDonaldSupreme Court of the United States · 1982
  3. Allen v. FrielUtah Supreme Court · 2008
  4. State v. BrickeyUtah Supreme Court · 1986
  5. Ostler v. BuhlerUtah Supreme Court · 1999

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State v. LabrumUtah Supreme Court · 2025
  2. State v. MacNeillCourt of Appeals of Utah · 2016

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API