Roger B. Ennenga v. State of Iowa

ZAGER, Justice.

In this case, we must interpret a rule of criminal procedure which implements the speedy trial guarantees found in both the State and Federal Constitutions. If a defendant does not waive these rights, then Iowa Rule of Criminal Procedure 2.33 requires the court dismiss a prosecution if an indictment or trial information is not “found” within forty-five days of the defendant’s arrest, unless the State can show good cause for its failure. The State inexplicably failed to file a trial information within forty-five days, and Ennenga’s counsel did not file a motion to dismiss.…