Hundley v. Ashworth

MILLER, Justice:

This is an original proceeding in prohibition to consider whether the relator’s due process rights were violated by an eight-year delay before he was indicted. The relator filed a motion for a writ of prohibition with this Court on March 3, 1989, and a rule to show cause was issued on April 4, 1989.

On September 16, 1988, the relator, Leslie Hundley, was indicted by a grand jury in Raleigh County on two counts of first degree sexual assault and two counts of incest involving his daughter and his son, which acts were alleged to have occurred on or about October 29, 1980. On…