Case Note: State v. Darden

In State v. Darden, the Washington Supreme Court reversed the armed robbery conviction of petitioner Jody Darden by retroactively applying the speedy trial rule, former Superior Court Criminal Rule 3.3 (hereinafter CrR 3.3.) The six-justice majority, with two justices concurring in part and dissenting in part, and one justice dissenting, held that its interpretation of former CrR 3.3(b) as articulated in State v. Edwards was merely a clarification of a court rule, not the promulgation of a new one, and as such should be given full retroactive effect. Petitioner Jody Jurl Darden was arrested on September 27, 1979 by Seattle police in connection with five armed robberies. Darden was a minor at the time of his arrest, his eighteenth birthday being November 2, 1979. He was released from custody four days after his arrest on October 2, 1979 without charges having been filed. A complaint was filed against Darden by the prosecutor in Seattle District Court on December 28, 1979, 92 days after Darden’s arrest. Darden was finally arraigned on January 25, 1980, 120 days after his arrest. On February 4, 1980, 130 days after the arrest, a preliminary hearing in the district court resulted in an order binding Darden over to superior court to face robbery charges.

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John C. Hanrahan, Case Note: State v. Darden, 19 Gonz. L. Rev. 739 (1984).

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