Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Juniel

Court of Appeals of Missouri, Western District, First Division

February 13, 2019

STATE OF MISSOURI, Respondent,
v.
RAY JAMES JUNIEL, Appellant.

          Appeal from the Circuit Court of Boone County, Missouri. The Honorable Jodi C. Asel, Judge.

          Before Cynthia L. Martin, Presiding Judge, Victor C. Howard, Judge and Thomas H. Newton, Judge

          CYNTHIA L. MARTIN, JUDGE.

         Ray James Juniel ("Juniel") appeals his convictions after a jury trial of statutory rape in the first degree, statutory sodomy in the first degree, and endangering the welfare of a child in the first degree. Juniel contends that the trial court erred in overruling his motion to dismiss based on a violation of his right to a speedy trial under article I, sections 10 and 18(a) of the Missouri Constitution, and the Sixth and Fourteenth amendments to the United States Constitution. Finding no error, we affirm.

         Factual and Procedural History

         On May 15, 2015, Juniel was charged by indictment with statutory rape in the first degree, statutory sodomy in the first degree, and endangering the welfare of a child, in connection with events that occurred between 2011 and 2015.

         Juniel filed a motion for change of judge on June 18, 2015, which was granted on June 22, 2015. On June 24, 2015, the State filed its own motion for change of judge, and the case was reassigned the following day. As a result of the change of judge motions, the initial trial date of August 4, 2015 was reset to October 28, 2015.

         On August 27, 2015, the State filed a notice of intent to admit out-of-court statements pursuant to section 491.075, [1] which required the trial court to conduct a hearing to determine the admissibility of the statements ("491 hearing"). The State concurrently filed a motion to compel Juniel to provide a DNA sample. A hearing on the motion to compel a DNA sample was scheduled for September 9, 2015, but was continued to September 21, 2015 when defense counsel failed to appear. The motion to compel was sustained on September 21, 2015.

         Juniel filed a motion to continue the October 28, 2015 trial setting because DNA test results were still pending, and because the 491 hearing had not yet been conducted. Juniel's motion for continuance was granted on October 19, 2015. The case was rescheduled for trial on January 26, 2016. A 491 hearing was scheduled for January 8, 2016.

         As the date for the 491 hearing approached, the State filed a motion to continue the 491 hearing due to witness unavailability, and a corresponding motion to continue the trial setting. Juniel consented to both motions. Trial was rescheduled for March 16, 2016.

         On March 4, 2016, Juniel filed a motion to continue the March 16, 2016 trial setting because the 491 hearing still had not been conducted. Juniel's motion was granted, and the trial was rescheduled to June 14, 2016. The 491 hearing was scheduled for May 27, 2016, but was continued to August 11, 2016, due once again to witness unavailability. That required yet another continuance of the trial setting to September 13, 2016.

         In the meantime, Juniel's trial counsel withdrew on July 11, 2016. New trial counsel entered an appearance for Juniel on July 13, 2106. On August 3, 2016, Juniel's new trial counsel filed a motion to continue the September 13, 2016 trial date. Juniel's motion was granted, and the trial was rescheduled to January 4, 2017, with the 491 hearing scheduled the same day. That trial date was cancelled when the 491 hearing had to be rescheduled to January 13, 2017. The January 13, 2017 491 hearing was then cancelled by the trial court when the threat of inclement weather caused the courthouse to be closed. The 491 hearing was rescheduled to February 24, 2017.

         On January 19, 2017, Juniel filed a request for a speedy trial. Two days later, the court set a trial date of April 4, 2017. The 491 hearing was conducted on February 24, 2017. The court ruled the victim's out-of-court statements admissible on March 2, 2017.

         On March 16, 2017, the State made an oral motion to continue the April 4, 2017 trial date due to an attorney conflict. The State's motion was granted, and trial was rescheduled for June 13, 2017. Juniel did not object to this continuance.

         On June 5, 2017, the parties appeared before the trial court for a guilty plea hearing, as Juniel had given notice that he wished to enter a guilty plea. The trial court refused to accept the guilty plea because Juniel refused to admit that he committed the charged acts, and therefore, refused to admit a sufficient factual basis for the plea.

         The trial court asked the State if it was prepared to proceed to trial on June 13, 2017. The State advised that because it had expected Juniel to plead guilty, it would not be prepared for trial on June 13, 2017. The trial court advised that if the State did not proceed to trial as scheduled, the case would be dismissed for failure to prosecute, as Juniel had been in jail for two and a half years. The State asked the trial court to instead set the matter for pretrial the following week. Juniel's counsel agreed with this request. The case was set for pretrial on June 12, 2017.

         On June 8, 2017, Juniel filed a motion to dismiss for failure to prosecute. On June 9, 2017, the State dismissed the case against Juniel nolle prosequi.[2] Juniel was re-indicted on the same charges on June 16, 2017, and the case was set for trial on September 26, 2017. Juniel filed a motion to dismiss the charges for failure to prosecute based on an alleged speedy trial violation. The motion to dismiss was denied by the trial court after oral argument during a September 22, 2017 pre-trial hearing.

         Trial commenced on September 26, 2017, and the jury convicted Juniel on all counts. The trial court entered a judgment of conviction and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.