Tuesday, December 19, 2017

KYCOA - Dudley- Speedy Trial

Robert Dudley v. Commonwealth, Kentucky Court of Appeals, not to be published (12/15/2017):

Mr. Dudley was arrested on September 9, 2004, and indicted in December 2004. However, he was not tried until 2014. In 2016, the Court of Appeals remanded for the trial court to hold a hearing and make findings as to whether Mr. Dudley’s right to a speedy trial had been violated. The trial court found Mr. Dudley’s right to a speedy trial had not been violated. Specifically, the court found that although a nearly 10-year delay between arrest and trial was presumptively prejudicial, Mr. Dudley was responsible for the delay because he had not returned to Kentucky to answer to his charges.

A panel of the Court of Appeals disagreed. The panel cited the following facts showing that the delay was caused not by Mr. Dudley, but by government negligence: 1) Circuit Court personnel were aware that Dudley was not present at his arraignment in December 2004 because he was in custody in Ohio; 2) neither Dudley or his then-attorney was made aware that he had been indicted; 3) while a bench warrant was issued on December 20, 2004, that warrant was not served on Dudley until 2014; and 4) even though the government was aware that Dudley was in custody in Ohio, neither a detainer nor a holder was filed until 2012. When Dudley was informed about the holder in 2012 or early 2013, he immediately filed an IAD request to be returned to Kentucky.

Mr. Dudley testified at the 2016 hearing that a Covington police officer involved in his arrest testified at his 2005 Ohio parole revocation hearing. However, the officer did not inform the Ohio court or Dudley that Dudley had a pending Kenton County indictment or pending warrant for his arrest. The court did not cite this in its reasoning.

Thus, the panel found, Mr. Dudley’s Sixth Amendment right to a speedy trial was violated. The panel remanded with an order for his indictment to be dismissed.

Matt Ryan, formerly of the Covington Office, was counsel for Mr. Dudley. Julia K. Pearson of Appeals represented Mr. Dudley on appeal.