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STATE v. AZANIA

No. 02S03-0508-PD-364.

865 N.E.2d 994 (2007)

STATE of Indiana, Appellant (Plaintiff below), v. Zolo Agona AZANIA, Appellee (Defendant below).

Supreme Court of Indiana.

May 10, 2007.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Stephen R. Creason, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Jessie A. Cook, Deputy Public Defender, Terre Haute, IN, Michael E. Deutsch, Deputy Public Defender, John L. Stainthorp, Erica Thompson, Chicago, IL, Attorneys for Appellee.

Indiana Black Caucus, Center for Constitutional Rights, Center for Justice in Capital Cases, Charles Hamilton Houston Institute for Race and Justice, Criminal Justice Institute, Illinois Association of Criminal Defense Lawyers, National Conference of Black Lawyers, National Lawyers Guild, National Legal Aid & Defender Association, Andrea D. Lyon, Chicago, IL, Monica Foster, Indianapolis, IN, Attorneys for Amici Curiae.

On Interlocutory Appeal

SULLIVAN, Justice.

In prior proceedings, this Court affirmed Zolo Agona Azania's conviction for the 1981 murder of a Gary police officer but set aside the recommendations of two juries that he should receive the death penalty. The trial court has now ruled that, given circumstances caused by the long delay in this case, Azania's constitutional rights to a speedy trial and due process would be violated if the State continues to seek...

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