The State, Respondent v. Alexander L. Hunsberger, Petitioner — Toal, J., Dissenting

Summary

Justice Toal dissents from the majority, arguing that the South Carolina Supreme Court should dismiss the writ of certiorari because the trial court did not abuse its discretion in refusing to dismiss the murder charge on speedy‑trial grounds. He contends that the eight‑year delay was justified, that the petitioner’s untimely assertion of his right and lack of actual prejudice preclude a constitutional violation. Accordingly, he would affirm the lower courts’ rulings and dismiss the petition.