The sixth amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. Although this right is derived from the federal Constitution, it has been made applicable to state criminal proceedings through the U.S. Supreme Court's interpretation of the due process and equal protection Clauses of the fourteenth amendment.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
South Dakota Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute is a legal process that allows a defendant to challenge the validity of an indictment in a criminal case due to the prosecution's failure to proceed with the case. This motion seeking relief can be filed based on various grounds, including lack of evidence, violation of constitutional rights, or unreasonable delay in prosecution. One type of South Dakota Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute is based on the lack of evidence. In this scenario, the defendant argues that there is insufficient or inadequate evidence to support the charges brought against them. The motion asserts that the indictment should be dismissed or set aside because the prosecution cannot meet its burden of proof beyond a reasonable doubt. Another type of motion falls under the category of violation of constitutional rights. In this case, the defendant alleges that their constitutional rights have been violated during the course of the investigation or prosecution. This could include violations such as unlawful search and seizure, coerced confessions, or denial of the right to counsel. The defendant seeks to quash, dismiss, or set aside the indictment on the basis that their constitutional rights were violated, rendering the indictment invalid. A third type of motion is based on unreasonable delay in prosecution. Here, the defendant argues that the prosecution's failure to diligently pursue the case has resulted in an unfair delay, which violates their right to a speedy trial. This might include situations where the prosecution has unreasonably postponed court hearings, delayed the discovery process, or failed to bring the case to trial within a reasonable time frame. The defendant seeks to have the indictment quashed, dismissed, or set aside due to the unreasonable delay. It is important to note that each motion to quash, dismiss, or set aside an indictment for failure to prosecute is specific to the circumstances of the case and the grounds on which it is based. The court will evaluate the merits of the motion and consider the relevant legal arguments, evidence, and applicable laws before making a ruling.
