Legal Opinion

Johnson v. State

Indiana Court of Appeals

Decided June 28, 2004No. 82A01-0309-CR-366PublishedCited by 10 opinions

1Opinion of the Court

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

The State charged Dale Johnson with Burglary, as a Class A felony, approximately thirteen years after the alleged offense occurred. Johnson moved the trial court to dismiss the charge alleging that the State's delay in filing it violated his right to due process under the Fifth Amendment to the United States Constitution. Following a hearing, the trial court denied Johnson's motion to dismiss, and Johnson appeals that interlocutory order.

We affirm.

FACTS AND PROCEDURAL HISTORY

'On July 19, 1989, several men entered the unlocked back door of Earl Morgan's…

2Cases cited5 opinions

  1. United States v. MarionSupreme Court of the United States · 1971
  2. Patterson v. StateIndiana Supreme Court · 1986
  3. Scott v. StateIndiana Court of Appeals · 1984
  4. Townsend v. StateIndiana Court of Appeals · 2003
  5. Koke v. StateIndiana Court of Appeals · 1986

3Cited by10 opinions

  1. Michael Ackerman v. State of IndianaIndiana Supreme Court · 2016
  2. Glenn v. StateIndiana Court of Appeals · 2008
  3. Harris v. StateIndiana Court of Appeals · 2005
  4. Barnett v. StateIndiana Court of Appeals · 2007
  5. Schiro v. StateIndiana Court of Appeals · 2008

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