Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Friend, 219 N.C. App. 338 (Mar. 6, 2012)
The defendant was not denied his speedy trial rights. The date of the offense and the initial charge was 7 March 2006. The defendant was tried upon a re-filed charge in district court on 13 Apr. 2009. The defendant never made a speedy trial motion in district court; his only speedy trial request was made in superior court on 4 February 2010. Because the defendant already had a trial in district court, the time of the delay runs from his appeal from district court on 13 Apr. 2009 until his superior court trial on 15 February 2010, a period of less than one year. Assuming arguendo that the delay exceeded one year, the claim still failed.