Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Howell, 211 N.C. App. 613 (May. 3, 2011)
(1) Remanding for additional findings of fact and conclusions of law, the court noted that G.S. 15A-711 does not guarantee a defendant the right to have a matter tried within a specific period of time and is not a "speedy trial" statute. (2) The court remanded for further action the trial court’s order dismissing the charges based on a violation of the constitutional right to a speedy trial, finding that the trial court “reached its Sixth Amendment ruling under a misapprehension of the law and without conducting a complete analysis, including consideration of all the relevant facts and law in this case.” The court’s opinion details the required analysis.