Motion to Vacate the Dismissal of Charges

In State v. Fischer, Del. Supr., 285 A.2d 417 (1971), the State argued that the charges against the defendants should not have been dismissed by the trial court because the defendants could not demonstrate any of the prejudicial effects upon their ability to defend that are usually considered with respect to the constitutional guarantee of speedy trial such as the death or disappearance of witnesses, loss of evidence, loss of counsel, or other denial of the opportunity to prepare for trial. In rejecting the State's contention, the Supreme Court stated that other types of prejudice may be sufficient to move the exercise of the trial court's discretion under Rule 48(b), including anxieties suffered by the defendant as a result of delay, the notoriety suffered by the defendant and his family, and the expenses, legal and otherwise, attendant with defending the charges. 285 A.2d at 419.