Rule 30.02 Applies to Pre-Charge Delay But Requires A Showing of Prejudice

State v. Banks, Minn.Ct.App., 2/8/2016.  Rule 30.02 says that the trial court may dismiss the complaint if the prosecutor has unnecessarily delayed bringing the defendant to trial.  The claimed delay here occurred between the date of the offense and the date of filing the criminal complaint.  

The state said that this rule only applies to delays after the filing of the criminal complaint.  Essentially, a riff on speedy trial.  The court of appeals rejects this spin on the rule; why have two rules when one will do?  Rather, the two rules compliment each other.  A speedy trial infraction entitles a defendant at least to release - and in some instances dismissal, State v. Windish, 590 N.W.2d 311 (Minn. 1999) - while an "unnecessary delay" infraction permits the trial court to dismiss the complaint.  So, Rule 30.02 permits the trial court to dismiss a complaint for unnecessary pre-charge delay.

Dismissal under that rule does, however, require a showing of prejudice. The court's supposed authority for this conclusion, however, is a bit thin, mostly opinions that conflate constitutional considerations and procedural speedy trial requirements.