State v. Canada (Majority)Annotate this Case
In 2000, Derrick Price died as a result of a homicide, and a district judge signed Defendant’s arrest warrant for the homicide. Defendant was incarcerated for separate charges of aggravated robbery and attempted first-degree murder. Defendant subsequently pled guilty to aggravated robbery and forgery. In 2014, Defendant was arrested for residential burglary. The next day, fourteen years after the Price homicide, Defendant was arrested for the capital-murder charge. Two days later, the State charged Defendant with capital murder and felon in possession of a firearm. The circuit court dismissed the felony information, concluding that the fourteen-year delay between the arrest warrant being issued and served prejudiced Defendant in violation of his due process rights. The State appealed. The Supreme Court dismissed the appeal, concluding that this was not a proper State appeal.