Section 13.67 Due Process Denial Because of Charging Delay

• Library: Criminal Practice 2012 Supp

H. (§13.67) Due Process Denial Because of Charging Delay

Even when a speedy trial right does not apply, due process of law may be a basis for dismissal because of pre-arrest or pre-charging delay that caused the defendant actual prejudice. United States v. Marion, 404 U.S. 307 (1971); State v. Griffin, 848 S.W.2d 464 (Mo. banc 1993). But see United States v. Lovasco, 431 U.S. 783 (1977) (17-month delay for investigative purposes was not a denial of due process even though defendant was prejudiced by the...