South Carolina v. Hunsberger
Annotate this CasePetitioner Alexander Hunsberger was sentenced to thirty-three years' incarceration for his part in the murder of Samuel Sturrup. Hunsberger argued on appeal that the trial judge erred in denying his speedy trial motion. Sturrup allegedly stole money from Steven Barnes, the purported head of a robbery and prostitution ring in Georgia. In an effort to force Sturrup to divulge where the stolen money was located, Barnes allegedly beat, and caused others to beat, Sturrup at a location in Augusta, Georgia. Sturrup was then placed in the trunk of a vehicle and brought from Georgia to South Carolina by petitioner and his brother Julio. Hunsberger was arrested in South Carolina and in March 2002, he was indicted for the murder of Sturrup. In June 2002, Hunsberger's request for bail was denied and his renewed request was denied in April 2004. In November 2004, Hunsberger moved for an order requiring the State to try him during the next two terms of court, or if no trial were held, that he be released on bail, citing S.C. Code Ann. Sec. 17-23-90 (2014) and the state and federal constitutional guarantees of due process and speedy trial. While this motion was denied in December 2004, the circuit court judge found the delay "clearly bordering on the excessive" and admonished the State to either try Hunsberger or release him to Georgia which had placed a hold on him. Following notification that the State would not go forward with trial, in January 2005 the circuit court judge granted bail but ordered Hunsberger held unless Georgia released its hold. Petitioner was subsequently extradited to Georgia, and in September 2006, he was convicted there of kidnapping with bodily injury of Sturrup, and sentenced to life imprisonment. In early 2011, Alex was extradited to South Carolina. In January 2012, the State called Hunsberger's case for trial and he moved for dismissal of his charges, claiming his state and federal rights to a speedy trial had been violated. The motion was denied, as was his renewed request made at mid-trial. Hunsberger argued that his right to a speedy trial under both the United States and South Carolina Constitutions was violated, and therefore, his murder charge should be dismissed. The South Carolina Supreme Court analyzed the issue under the Sixth Amendment, and agreed. The Court of Appeals' decision was reversed.
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