State v. Krizan-Wilson (Original)
Annotate this CaseAppellee was indicted for the murder of her husband nearly 23 years later. Appellee filed a motion to dismiss the indictment, alleging that the pre-indictment delay violated, inter alia, her rights to due process, due course of law, and a fair trial. The court of appeals held that the trial court erred in dismissing the indictment and reversed and remanded the cause to the trial court for further proceedings. After review, the court affirmed the court of appeals, holding that there was no evidence in the record that the prosecutorial delay was intended to gain a tactical advantage over appellee or for another improper purpose. The court also held that the 23-year delay did not offend due process and therefore remanded the cause to the trial court for further proceedings.
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