Zimmerman. v. Circuit Court of Miller County

Zimmerman was arrested for theft of property over $25,000 and second-degree forgery on September 10, 2012. An information was filed on December 6. Zimmerman was arraigned on December 11 and was ordered to appear on February 19, 2013. On that date, she obtained a continuance. The circuit court subsequently granted her four additional continuance. On October 21, 2013, the state orally moved to nolle prosequi the charges, apparently based on Zimmerman’s agreement to pay restitution. The motion was orally granted. A written order granting the motion was filed on March 17, 2014. The state filed a new criminal information on August 7, 2014. Hearings were set for September 16, 2014, January 20, 2015, and April 21, 2015. On each date, Zimmerman failed to appear. On April 29, 2015, Zimmerman was arrested on a warrant issued when the charges were refiled. She appeared and was granted several continuances. On March 24, 2017, Zimmerman unsuccessfully moved to dismiss for failure to provide her with a speedy trial. The Supreme Court of Arkansas granted Zimmerman’s petition for certiorari. The nolle prosequi became effective when the written order was entered. The trial court erred in determining that speedy trial was tolled from October 21, 2013, to March 17, 2014. Adding 290 days to the 309-day period during which the trial court found that speedy trial was not tolled brings the total over the 365-day limit. Zimmerman’s right to speedy trial was violated. View "Zimmerman. v. Circuit Court of Miller County" on Justia Law