State v. Bixby
Annotate this Case
The Supreme Court reversed the decision of the district court granting Defendant's motion for absolute discharge on speedy trial grounds, holding that the district court's order granting the motion was clearly erroneous.
Defendant was charged with driving under the influence and other offenses and went to trial. A mistrial was granted because the prosecutor solicited improper testimony. Defendant subsequently filed a plea in bar, arguing that the State should not be able to retry the case. The district court denied the plea in bar, and the court of appeals affirmed. One week after a new trial was scheduled Defendant filed a motion for absolute discharge. The district court granted the motion. The Supreme Court reversed, holding that time remained on Defendant's speedy trial clock, and therefore, Defendant's motion for absolute discharge was premature.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.