Murder Case Filed after Decades, Made Possible with New DNA Technology. Is It a Violation of Speedy Trial or Due Process Rights?

Legal Concepts and Case Citation 

The statute of limitations 
The right to a speedy trial  
The due process clause 
Separation of powers restrictions and judicial review of investigative delay 
DNA evidence 
Kellett error and Penal Code § 654 

People v. McInnis (Nov. 13, 2025) 115 cal.App.5th 1259 

Rule: Criminal prosecutions must be initiated within time limits set by the statute of limitations, although there is no statute of limitations for murder. Instead, the due process clause under the Fifth and Fourteenth Amendments, as well as under the California Constitution (see art 1, § 7), and/or the defendant’s Sixth Amendment right to a speedy trial (and Cal. Const., art 1, § 15), protects a murder defendant’s right to a timely trial. Reasonable “investigative delay” in initiating a criminal prosecution will generally excuse the prosecution’s failure to initiate the filing of charges in a timely manner, depending upon the extent of the potential prejudice to the McInnis arising from the delay.  

Prosecutors have a legal and ethical obligation not to initiate a criminal prosecution until they secure sufficient evidence to prove the case beyond a reasonable doubt. The development of DNA and related scientific procedures over the years may provide that necessary evidence ....