Washington Supreme Court
The State of Washington v. Gregory Michael Rohrich
June 19, 2003149 Wash. 2d 647
Summary
The court reversed the dismissal of the first degree child molestation charge, holding that a CrR 8.3(b) dismissal based on preaccusatorial delay requires proof of actual, rather than speculative, prejudice to the defendant’s right to a fair trial. Rohrich did not show that the 18-month delay actually compromised the witnesses’ or his own memories, so the alternative ground relied on by the Court of Appeals was insufficient. No separate opinions were filed.