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Criminal Law: Speedy Trial Violation-Jurisdiction to Dismiss
Staff Report//May 7, 2026//
The state appealed the trial court’s order dismissing the criminal information filed against defendant, after the trial court concluded that defendant’s constitutional and statutory speedy trial rights had been violated, arguing that the trial court lacked jurisdiction to dismiss after the state filed a nolle prosequi.
Where the state’s nolle prosequi immediately terminated the trial court’s jurisdiction, the trial court lacked authority to subsequently order dismissal of the charges with prejudice.
Judgment is reversed and remanded.
State v. Byler (MLW No. 84722/Case No. SD38929 – 7 pages) (Missouri Court of Appeals, Southern District, Nickell, J.) Appealed from circuit court, Camden County, Daniels, J. (Riley Andrew O’Shaugnessy, Jefferson City; Renee Christine Warrden, Jefferson City; and Steven Mark Kretzer, Camdenton for appellant) (Andrew Jeffrey Rehmer, Sunrise Beach and Zane Gregory Williams, Sunrise Beach for respondent)
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