State v. Gathercole

I respectfully dissent.

An unfavorable fact scenario, that stumps the prosecution to explain, sometimes leads to bad law. That has now happened in this case. Our speedy indictment rule allows the prosecution forty-five days to indict an adult after the arrest is made. Iowa R.Crim.P. 27(2)(a). If that time limit is passed, the rule says that “the court must order the prosecution to be dismissed.” Id. The rule allows for a time extension if “good cause to the contrary is shown or the defendant waives his right thereto.” Id. But the prosecution’s problem here is that the defendant did not waive…