[reed13]

You are correct!

Not a lawyer, but had to do legal preps in the past - including writing and processing charges.

There are 2 different time clocks. One is from date that the incident occurred - statute of limitations.

2nd is speedy trial which varies by state and federal - but is typically (and I'm reaching in memory land here) about 30-60 days from the time the charges are first proferred until the first court appearance on those charges.

I do believe that the charges can be retracted and refiled - this restarts his defense preparation clock - but if he has multiple death penalties I imagine it will be easier to "close his case". TMK

In addition, I imagine this is in another jurisdiction where the case is still open, provides closure to the family involved, and should any appeals be filed later will make any attempts to release him that much more difficult. IMHO

[Chad Fairbanks]

I'm not a lawyer either, but I DID stay at a Holiday Inn Express last night...

[PAR35]

Basically a good summary of the difference between 'statute of limitations' and 'speedy trial'. Whether charges could be refiled would depend on the state statute. There are also Constitutional implications

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."

[laishly]

In most jurisdictions, the speedy trial period is 180 days from arrest. But it is not simply calendar days. Delays due to the defendant's motions or interlocutory appeals, etc. are not counted against the speedy trial period. Only delay due to the State or, in some instances, the court is counted. In this case, I would be surprised if an appellate court doesn't reverse because a lot of the delay had to have been due to the perp's previous trial when he was not available.