State v. Williams

The speedy indictment rule is properly interpreted to commence upon arrest only when the arrest is completed by making an initial appearance.At issue in this case was whether Defendants’ rights were violated by the failure to bring formal charges against them within forty-five days of their arrest. The district court denied Defendants’ motions to dismiss for violation of their speedy indictment rights. The court of appeals reversed, relying on case precedent interpreting the speedy indictment rule to find that the time to file an indictment commenced when Defendant in this case reasonably believed he had been arrested. The Supreme Court reversed, holding that the speedy indictment rule is triggered from the time a person is taken into custody, but only when the arrest is completed by taking the person before a magistrate for an initial appearance. View "State v. Williams" on Justia Law