State v. Floyd, 238 N.C. App. 110 (Dec. 16, 2014)

rev’d in part on other grounds, ___ N.C. ___, 794 S.E.2d 460, 462 (Dec. 21, 2016)

The trial court did not err by denying the defendant’s motion to dismiss on grounds of excessive pre-indictment delay. A challenge to a pre-indictment delay is predicated on an alleged violation of the due process clause. To prevail, a defendant must show both actual and substantial prejudice from the delay and that the delay was intentional on the part of the State in order to impair defendant’s ability to defend himself or to gain tactical advantage. Here, the defendant failed to show that he sustained actual and substantial prejudice as a result of the delay.