State v. Love

Summary

The court held that the defendant's Sixth Amendment speedy-trial right was not violated by the State's dismissal and later reinstitution of the cocaine-possession charge after the trial court denied the State's continuance request. Although the approximately twenty-two-month delay was presumptively prejudicial, the remaining balancing factors favored the State because most delays were attributable to the defense or legitimate reasons, the defendant asserted his right only once and relatively late, and the claimed prejudice was insufficiently demonstrated. The court therefore reversed the court of appeal and reinstated the conviction and sentence.