State v. Steven Louis Barnes

Syllabus

In this case, Barnes challenges the ruling of the court of appeals in affirming the trial court's denial of his motion to dismiss the case on the ground that his right to a speedy trial was violated. In analyzing the factors identified by the United States Supreme Court for consideration of a speedy trial claim, the court of appeals held Barnes chose to retain counsel who he knew was under an order of protection in another case, and therefore, the delay during this period was attributable to Barnes and weighted against him. While we agree with the court of appeals that this period of delay is not attributable to the State, we hold this period of delay is also not attributable to Barnes because he was entitled to retain his lawyer, even though doing so delayed his trial, and should carry a neutral weight in the analysis. Accordingly, we affirm the court of appeals' decision as modified.