State v. Rohrich

Summary

The court held that dismissal under CrR 8.3(b) for governmental misconduct causing a delay in charging requires the defendant to prove actual, rather than speculative, prejudice to the right to a fair trial. Because Rohrich showed only that witnesses' memories might have faded during the 18-month delay, he did not establish the required prejudice, and the court reversed the Court of Appeals and reinstated the charge.