State Ex Rel. Delgado v. Stanley

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that courts may look past the form to the substance to determine operative date that time to commence trial begins running
• holding that the State properly re-indicted the defendants after filing nolle prosequis because the State obtained new evidence against them and did not otherwise act in bad faith
• holding that the state must demonstrate a bona fide reason for refiling charges after dismissing those charges by filing a nolle prosequi if the defendant asserts that it was done to circumvent the six-month rule
• noting that the rule providing that a trial commence within six months, or the charges are to be dismissed with prejudice, was promulgated to “expedit[e] the flow of criminal cases through the courts”
• concluding, under predecessor to Rule 5-604, that where there was no evidence that the State filed a nolle prosequi and later filed a new information or procured new indictments to delay or circumvent the operation of the six-month rule, there was no violation of the rule
• such a finding sufficient under prior rule

Source: CourtListener parenthetical corpus (CC0).