The State, Respondent v. Alexander L. Hunsberger, Petitioner

Summary

The South Carolina Supreme Court reversed the Court of Appeals, holding that Alexander Hunsberger’s speedy‑trial rights under both the U.S. and South Carolina constitutions were violated and that the trial court abused its discretion in denying his motion to dismiss. The Court applied the Barker‑Wingo four‑factor test, found presumptive and actual prejudice, and concluded the State bore responsibility for an eight‑year unreasonable delay. Justice Toal dissented, arguing the lower courts did not err and that the writ of certiorari should be dismissed.