Commonwealth v. Sink

By Judge Dean W. Sword, Jr.

This matter is before the court on the motion of the defendant to dismiss the indictment. Essentially the defendant raises three issues: (1) Virginia Code § 19.2469.3(C) dictates such a result; (2) that the speedy trial provisions of both the United States and Virginia Constitutions bar this second prosecution; and (3) the common law doctrine of laches acts as a bar to this prosecution.

Because of the factual situation that exists (and will be discussed in detail later in this opinion) there is no argument that Virginia Code § 19.2-243 would dictate a dismissal of…