State ex rel. Norman v. Merckle

This Petition for Writ of Prohibition seeks to prohibit petitioner from being tried for first degree murder on the ground that the time for trial under the speedy trial rule had expired when petitioner filed his motion for discharge (denied) below. This court issued the rule on December 8, 1978 and a response and a reply to the response have subsequently been filed.

On April 5, 1978 petitioner was arrested for the conduct giving rise to the first degree murder charge (the indictment was filed on April 9, 1978). Without any extension, the 180 days under the speedy trial rule would have…