Cantrell v. State
Cantrell was charged with first-degree misdemeanor battery committed in April 2019; the capias was not executed until November 2025, more than six years later. The State offered only argument — that it had attempted service five times — and no witnesses or evidence of a diligent search, even though Cantrell had been in the county jail for over 200 days and was served in other cases. The Sixth District granted prohibition, holding that without competent, substantial evidence of diligence, the prosecution was time-barred and dismissal was required.
Key facts
- Cantrell was charged with first-degree misdemeanor battery in April 2019, but the capias was not executed until November 2025, more than six years later.
- The State offered only argument that it had attempted service five times, without presenting witnesses or evidence of a diligent search, despite Cantrell being in county jail for over 200 days and being served in other cases.
- +2 more key facts with a free trial
Why it matters
Useful authority for defense counsel litigating stale capiases and statute-of-limitations dismissals: the State cannot satisfy its diligence obligation by counting service attempts in argument, especially where the… — full analysis with a trial
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