Tunnell v. StateAnnotate this Case
The Court of Appeals affirmed Defendant's conviction for murder and firearms offenses, holding that the administrative judge did not abuse his discretion in finding good cause for the continuance of the trial date.
Under the Hicks rule, a criminal trial in a circuit court must commence within 180 days of the first appearance of the defendant or defense counsel in the circuit court. This deadline is known as the Hicks date. A continuance of the trial beyond the Hicks date may be granted only for good cause. Here, the administrative judge found good cause to postpone Defendant's trial from the original trial date based on the State's need to provide additional discovery to the defense. Defendant's trial began approximately forty days after the Hicks date, but the court believed that the deadline under the Hicks rule was tolled for the period of time during which evidence was at a lab for DNA analysis. The Court of Appeals affirmed, holding (1) the "Hicks rule" does not incorporate a mechanism for tolling or extending the Hicks date; but (2) the administrative judge properly found good cause for the continuance, and Defendant did not carry his burden of demonstrate that there was an inordinate delay in the new trial date.