- Court of Appeals of Texas, Ninth District
- BAILEY C. MOSELEY, JUSTICE
Appellee, Lisa Ritter, was arrested and posted bond one day after she was indicted for securing execution of a document by deception. For the next eleven and one-half years little activity occurred on the case until appellee's third attorney moved to dismiss indictment through speedy trial motion. The trial court granted appellee's request and dismissed charges against her. State appeals. The court ruled that under the Barker v. Wingo, 407 U.S. 514 (1972) balancing test that Ritter was denied right to speedy trial because she (1) asserted right to speedy trial as soon as she was able; (2) was presumptively prejudiced when the total delay attributed to state inaction was nine years and nine months; (3) that the state's only reason for delay was that Ritter's case was considered "relatively unimportant; and (4) that the state failed to rebut the presumption of prejudice by showing Ritter had agreed to the delay. The court affirmed the trial court's judgment.
The State of Texas v. Ritter, Texarkana Court of Appeals, Case No. 06-17-00069-CR, 9/28/17.
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