State v. Brooks

S-12-0624, State v. Corey A. Brooks (Appellant)

Douglas County, Judge Joseph S. Troia

Attorneys: Justin Quinn (Appellant) --- Kimberly A. Klein (Attorney General’s Office)

Criminal: Motion for absolute discharge; first degree murder

Proceedings below: The trial court overruled Appellant’s motion for discharge finding that the continuance granted in the unconsolidated companion case sufficed to continue the murder case as well as it applied “to all charges.” (T21).

Issues: The trial court erred in failing to grant absolute discharge due to failure to bring Appellant to trial within the statutory 6 month period and his constructional right to a speedy trial.