Motion for Summary Judgement - Lack of Evidence/Speedy Trial
At this point in the proceedings, we will be requesting summary judgment.
Typically, Summary Judgement is considered under our laws after 10 years.
A summary of how we have come to this point.
My client was:
- Arrested on 13 April
- Bail was applied for on 19 April
- Bail was granted on 21 April
Total time spent in Jail - 8 years.
Total time on Bail - 16 years.
The State then dropped all charges against my client in this case before reapplying the charges again today on this docket.
The State are now attempting to have bail conditions reapplied to my client for another 9 years, before a day in court is potentially achieved. My client will have been waiting so long that it will be beyond 30 years at that point awaiting trial.
No new evidence has been provided in this docket. This is the most critical point to make, as, given how everything stands within the reports, there is no evidence that would convict my client presented on this docket or in reports.
As such, we request the Judge look over the evidence presented in the attached reports to determine if Summary Judgement is appropriate for this case. We believe you will find that sufficient evidence has not been provided to uphold the 'specific charges' being pressed against my client.
