State v. Walker
State v. Walker
Opinion of the Court
_JjOn January 7, 2005, in case number 455-092 “K”, the state filed a bill of information charging the defendant, Cynthia M. Walker, with solicitation of crime against nature, a violation of La. R.S. 14:89(2). The defendant pleaded not guilty at her arraignment on January 12, 2005. The defendant’s bond was reduced to $5000.00 and she filed a bond on February 3, 2005. Trial and a hearing on motions were set for February 18, 2005; however, the defendant failed to appear for the hearing and for trial. An alias capias was issued for her arrest without bond, and the case
The case was reinstated eight days later on July 5, 2005 as case number 460-892, allotted to Section “K” to follow the previous case, 455-092 “K”. The defendant was arraigned on July 22, 2005 and entered a plea of not guilty; defense counsel filed a motion to quash the bill of information. The district court granted the motion on July 22, 2005. The state appeals.
On July 22, 2005, the defendant filed a two paragraph motion to quash arguing that her constitutional right to a speedy trial
In a single assignment of error, the state contends that the trial court improperly granted defense counsel’s motion to quash the bill of information reinstituting prosecution because the defendant failed to carry her burden of proving that the delay between the filing of the original bill of information and the filing and granting of the motion to quash was presumptively prejudicial and triggered a violation of relator’s constitutional right to a speedy trial.
|aA defendant has the right under the Sixth Amendment and Article 1, Section 16 of the Louisiana Constitution to a speedy trial. This constitutional right attaches when an individual becomes an accused either by formal indictment or by arrest and actual restraint. United States v. Marion, 404 U.S. 307, 92 S.Ct. 455, 30 L.Ed.2d 468 (1971); State v. Sweeney, 443 So.2d 522 (La. 1983). In Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), the Supreme Court set out the following four factors to determine whether a defendant’s constitutional right to a
In State v. Reaves, 376 So.2d 136 (La. 1979), the defendant was charged with possession of one marijuana cigarette, a misdemeanor, and trial was set and continued four times in the three and one-half months since charges had been brought. On the fourth trial date, the State moved for a continuance because its principal witness was absent. The trial court denied the continuance, and the State nolle prose-quied the bill of information. The State then filed a new bill of information which the defendant moved to quash on the basis that he had been denied his right to a speedy trial. The trial court granted the motion, and the Supreme Court affirmed. The court stated that, although the defendant had not been subjected to an extremely long delay, he was denied his right to a speedy trial. The continuances had been caused by the failure of the arresting officer to appear at trial to testify for the State, and the court stated that the responsibility for these repeated absences had to rest with the State. The defendant had not moved for a speedy trial before filing his motion to quash. The court stated that because the defendant was charged with a misdemeanor, the prejudice requirement was not as stringent.
In State v. DeRouen, 96-0725, p. 2-3 (La.App. 4 Cir. 6/26/96), 678 So.2d 39, fifteen months elapsed between institution of prosecution and the granting of the motion to quash. Two of the trial continuances were attributable to the State and the balance to weather, a crowded docket, and the actions of codefendants. Furthermore, the defendant was not incarcerated during the pendency of the proceedings. In finding that the trial court erred, this Court stated that the defendant was not prejudiced to the extent found in State v. Esteen, 95-1079 (La.App. 4 Cir. 4/3/96), 672 So.2d 1098.
In State v. Johnson, 622 So.2d 845 (La.App. 4 Cir. 1993), the defendant argued in a pro se assignment of error on appeal that he had been denied a speedy trial. Although there was a twenty-two month delay between the date of arrest and the day of trial, this Court found that much of the delay was due to the failure of the defendant to appear in court. Additionally, he did not argue that he was prejudiced by the delay.
In the instant case, slightly over six months elapsed between the filing of the original bill of information and the filing and granting of the motion to quash. The felony charge of solicitation of crime against nature carries a fine of not more than $2000.00 and not more than five years in prison with or without hard labor, or both. Thus, a six-month delay does not appear to be presumptively prejudicial. Furthermore, the other Barker factors do not | fisupport the defendant’s claim. The defendant failed to appear on her first motion hearing and trial date on February 18, 2005 which resulted in a warrant for her arrest being issued. This absence, which is not attributable to the state, caused an almost three month delay, half of the total delay, until she was arrested on May 16, 2005. In addition, the defendant does not allege in her motion to quash, nor does the record reflect, that she ever filed a motion for a speedy trial; nor did she object to any continuances requested by the state even though it appears that at least three continuances were due to the state’s failure to bring her to court from jail.
Accordingly, the ruling of the district court granting the motion to quash is hereby reversed and the case is remanded for further proceedings.
REVERSED AND REMANDED.
. In her motion to quash, the defendant did not assert a violation of her statutory right to a speedy trial pursuant to La.C.Cr. P. art. 578 which requires that trial in a non-capital case be commenced within two years of the institution of prosecution. Pursuant to La.C.Cr.P. art. 580, the time period set forth in Article 578 is suspended until the trial court's ruling when the defendant files a motion to quash or other preliminary plea; but in no case shall the State have less than one year after the ruling to commence trial.
. In her brief on appeal, the defendant argues that speedy trial is not at issue. However, the district court, which did not provide reasons for judgment, shall hear no objections based on grounds not stated in the motion. La. C.Cr.P. art. 536. Therefor, as a Court of record, our consideration is limited to the grounds stated by trial counsel, viz. denial of the defendant's right to a speedy trial.
. These factors were also applied in the context of an attack on the district attorney’s action in filing a nolle prosequi and subsequently reinstating charges against the defendant in State v. Batiste, 05-1571, p. 3 (La. 10/17/06), 939 So.2d 1245.
. In Esteen, this court affirmed the trial court's granting of a motion to quash. The court found that a two and one-half year delay between the filing of the charges and trial was presumptively prejudicial triggering an inquiry into the other factors. The case was continued twenty-two times, mostly due to the state and the trial court. Twice the state nolle prosequied the charges when it was not ready to begin the trial. Although the defendant did not move for a speedy trial
. On May 18, 23 and 31, 2005, defense counsel appeared in court without the defendant. The docket master entry of May 18th shows that the defendant was in custody and was not brought to court. Defendant was not released until June 2nd. Therefore, she was in custody on the 23rd and 31st.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.