Duncan v. Wright

Robert L. Brown, Justice.

Petitioner Charles Duncan has filed a petition for writ of prohibition to halt his trial on charges of violating Arkansas’s Hot Check Law. He contends that the State has run afoul of our speedy trial rules by bringing him to trial more than 12 months after the criminal information was filed against him. We agree that the State failed to meet its burden of proof that it exercised due diligence in arresting Duncan, and we grant the writ.

On November 26, 1991, Duncan wrote three personalized checks with the name Charles Duncan and a Little Rock address (4616 W. 16th,…