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STATE v. HUMPHREY

No. 05-2.

120 P.3d 1027 (2005)

2005 WY 131

The STATE of Wyoming, Petitioner, v. Rita Ann HUMPHREY, Respondent.

Supreme Court of Wyoming.

October 6, 2005.

Attorney(s) appearing for the Case

Representing Petitioner: Patrick J. Crank, Wyoming Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Michael A. Blonigan, Special Assistant Attorney General; and Ryan P. Healy, Special Assistant Attorney General. Argument by Mr. Blonigan.

Representing Respondent: Michael J. Krampner, Casper, Wyoming.

Before HILL, C.J., and GOLDEN, KITE, VOIGT, and BURKE, JJ.

GOLDEN, Justice.

[¶ 1] This Court granted the State's petition for writ of review to determine whether the district court erred in dismissing, on speedy trial grounds, the first degree murder charge against Rita Ann Humphrey. We hold the district court erred as a matter of law in relying upon the lapse in time between the dismissal of the initial first degree murder indictment and the filing of the instant information in holding that Humphrey's constitutional...

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