State v. Wilkerson, ___ N.C. App. ___, 810 S.E.2d 389 (Feb. 6, 2018)

On an appeal from the denial of a motion to dismiss for violation of speedy trial rights in a case involving a trial delay of 3 years and 9 months, the court held that because the trial court failed to adequately weigh and apply the Barker v. Wingo factors and to fully consider the prima facie evidence of prosecutorial neglect, the trial court’s order must be vacated and the case remanded “for a full evidentiary hearing and to make proper findings and analysis of the relevant factors.” After reviewing the facts of the case vis-a-vis the Barker factors, the court noted:

[W]ith the limited record before us, Defendant tends to show his Sixth Amendment right to a speedy trial may have been violated. The length of the delay and the lack of appropriate reason for the delay tends to weigh in his favor. Defendant’s evidence regarding the prejudice he suffered in his pretrial incarceration and the prejudice to his ability to defend against his charges, if true, would tend to weigh in his favor, but requires a more nuanced consideration.