Missouri Court of Appeals, Western District / Sep 15, 2020
State of Missouri vs. Gregorio L. Davis
Gregorio L. Davis appealed his convictions for first-degree sodomy and fourth-degree domestic assault, arguing the trial court erred in denying his motion to dismiss for a speedy trial violation. Davis contended the State deliberately delayed his trial by dismissing and refiling charges to obtain a different judge after the deadline for a change of judge had passed. The appellate court affirmed the convictions, concluding that despite the State's tactical delay weighing heavily against it, the overall balance of the Barker factors did not establish a speedy trial violation given the relatively short delay and Davis's failure to show particularized prejudice.