State v. Austin

This case raises the question of what constitutes sufficient “due diligence” in bringing a defendant before the court for arraignment so as to avoid application of the Striker1 rule. During a police investigation, Leroy F. Austin provided the police with the name and telephone number of a contact person who he alleged could provide his current address. The State later filed a criminal charge against Austin and issued a warrant for his arrest, but it made no attempt to determine Austin’s address or to otherwise advise him of the charges. We hold that under these circumstances the State failed…