Booth

I. INTRODUCTION

This case arises out of a deadly shooting that took place in 1992. Although several suspects were identified in the wake of the shooting, the case was not prosecuted until 2011. By that time, an eyewitness who had exonerated petitioner Darrell Booth could not be found, and the case proceeded to trial in his absence. Even without this favorable defense witness, the jury acquitted Booth of first degree murder. It did, however, find Booth guilty of second degree murder, for which he received an indeterminate life sentence. In this consolidated proceeding, Booth challenges his conviction by direct appeal and petition for writ of habeas corpus. Among the claims in his habeas corpus petition, Booth contends his trial attorney was ineffective for failing to move to dismiss the case based on precharging delay. We agree with this contention. Therefore, we grant Booth’s petition, reverse the judgment and remand the matter for a new trial. In light of this disposition, Booth’s appeal is moot.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. The Shooting

On August 1, 1992, at approximately 1:30 a.m., Stephen Strong drove a red SUV into the parking lot of the 7-Eleven at…