State v. Salem

MORRIS, Chief Judge.

Defendant assigns error to the court’s denial of his motion to dismiss for failure to prosecute expeditiously. He contends that he was denied his right to due process under the Fifth, Sixth and Fourteenth Amendments to the Constitution of the United States as a result of the 367-day delay from the time of the occurrence of the alleged drug sale until his first apprisal of the charges lodged against him arising out of that event. He maintains that the State’s delay was intentional and resulted in prejudice to his defense.

Defendant alleges that the prejudice to his case…