Criminal Law : Speedy Trial – Prosecutorial Misconduct – Prior Conviction

(1)Where a pro se appellant argued that a prosecutor committed misconduct because he knew an arrest warrant was incorrectly issued for a probation violation which prevented the appellant from filing a request for disposition of detainer and deprived him of his right to a speedy trial, the appellant did not show that the prosecutor knew the arrest warrant was incorrect or that he deliberately failed to correct it to interfere with the appellant’s due process rights, so the trial court did not abuse its discretion in denying the motion to dismiss, but the period of delay was attributable to the state due to the erroneous probation violation arrest warrant, so the case is remanded for the trial court to find whether there was a speedy-trial right violation and to determine prejudice.

(2)Where a pro se appellant argued that the state did not make a submissible case on his unlawful possession charges because the state withheld evidence, the appellant did not show that the state withheld evidence or suborned false witness testimony, and the trial court did not err in instructing the jury as to a prior felony conviction because the evidence was admitted for the limited purpose of establishing an element of the offense and to instruct the jury on the element.  

Judgment is affirmed in part; remanded in part.

State v. McKay (MLW No. 65486/Case No. ED98489 – 18 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from circuit court, St. Charles County, Schneider, J. (Timothy A. Blackwell for respondent) (Daniel K. McKay, pro se).

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