State v. Autry

OPINION

Respondent filed a pretrial petition for a writ of habeas corpus in the district court seeking dismissal of the charges against him. Respondent asserted that the state’s delay in filing the criminal complaint would deprive him of his constitutional right to a fair trial under the Fifth Amendment. The district court granted respondent’s petition. For the reasons set forth below, we conclude that the district court erred in issuing the writ of habeas corpus. Therefore, we reverse and remand this case for further proceedings.

THE FACTS

On January 30, 1987, the state filed a criminal…