Judge overrules ninja robber dismissal

BY DI STAFF | FEBRUARY 10, 2011 7:10 AM

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The Court of Appeals of Iowa has overruled a District Court’s decision that dismissed three criminal prosecutions against an accused robber.

Ahkinea Deon Cox was charged with first-degree robbery on Nov. 9, 2008, commonly known as the “Gatsby Case.” Cox was later charged two more times with robbery on Aug. 4 and Aug. 17, 2009.

Cox filed written requests for new counsel three times and waived his right to trial within 90 days in all three cases.

On July 13, 2009, Cox’s attorney, Mark Meyer, filed a notice of intent to rely on a temporary-insanity defense.

Meyer then moved to dismiss the three cases, asserting violations of Cox’s one-year speedy trial right. On April 19, 20, and 21, 2010, the District Court dismissed all three cases and stated that the defendant was not brought to trial within a reasonable time and the record fails to establish a good cause for the delay.

On Wednesday before the appeals court, the prosecution asserted there was good cause for the delay. The prosecution cited Iowa Code that the right to speedy trial can be delayed “until the court finds the defendant competent to stand trial.”

— by Michelle McConnaughey

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