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Commonwealth of Virginia v. John Antonio Fennell - Speedy Trial

The Court of Appeals of Virginia affirmed the Henry County Circuit Court's dismissal of five felony indictments against John Antonio Fennell, finding the trial court did not err in dismissing the charges as the statutory speedy trial deadline under Va. Code § 19.2-243 had passed. The court rejected the Commonwealth's argument that the period Fennell sought counsel tolled his speedy trial rights, and found the approbate-reprobate doctrine inapplicable where no previous affirmative inconsistent representation was made.