Sixth Amendment-Speedy Trial Prejudice

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Shue Moua

Case No.: 2025AP001325-CR

Officials: Stark, P.J., Hruz, and Gill, JJ.

Focus: Sixth Amendment-Speedy Trial Prejudice

A circuit court dismissed criminal charges against Moua based on her constitutional right to a speedy trial. Moua’s case experienced a 1,057 day delay between her arrest and the dismissal of her case.

Applying the four-factor test from Barker v. Wingo, the Court of Appeals acknowledged that the delay was long enough to trigger constitutional review. However, it found that much of the delay was not attributable to the State. Approximately 497 days stemmed from Moua’s separate federal prosecution, during which both parties repeatedly agreed to postpone the state case while awaiting developments in the federal matter. The remaining delays were largely caused by neutral factors, including discovery issues, scheduling, and efforts to locate Moua after she entered federal custody. The court found no evidence of deliberate delay or bad faith by the State.

Although Moua asserted her speedy trial right early in the case, the court concluded that she effectively deprioritized the state prosecution once her federal case began, agreeing to continuances and no longer pressing for a prompt trial.

Most importantly, the court found that the circuit court erred by presuming prejudice based solely on the length of the delay. Because the delay was under the five-to-six-year period where prejudice may be presumed, Moua was required to show actual prejudice, such as impaired defense, undue anxiety, or oppressive incarceration. She failed to do so.

Reversed and remanded.

Decided 08/04/26

Full Text