IA defendant not denied speedy trial by dismissal

Iowa case law summary by Attorney Richard Clem: Tort claims act, misrepresentation.

State of Iowa v. Kirsten Marie Carney. IA speedy trial

The defendant in this case was charged with possession of prescription drugs and numerous counterfeit prescriptions. Prior to trial, the state moved to dismiss in the interests of justice. For the basis of the motion, the state cited the need to gather evidence of additional alleged counterfeit prescriptions. This motion was granted with no hearing and without notice to the defendant.

Charges were later re-filed, and the defendant moved to dismiss. She argued that she had been denied her right to speedy trial, and that the motion to dismiss was a ruse to deny her a speedy trial. The district court denied the motion, and the defendant appealed.

The Iowa Court of Appeals affirmed. It noted that the defendant had not met her burden of showing that the delay was unreasonable or prejudicial. It also held that the defendant was not prejudiced by the lack of notice of the dismissal, since there would have been no argument that she could have made in opposition to that motion.

No. 15-0888 (Iowa Oct. 11, 2017).

Please see the original opinion for the court's exact language.


Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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