In deciding in his favor, the Supreme Court incorporated the speedy trial protections of the Sixth Amendment against the states.

He pleaded not guilty and the jury was unable to reach a verdict in a short trial at the Orange Superior Court that March.

When a case is normally halted on a prosecutor's motion for nolle prosequi, a judge's approval is required to restart proceedings.

This allowed the prosecutor to restore the case for trial without seeking further permission and the statute of limitations would not be a barrier to re-instating the prosecution at any time.

After waiting over a year and a half for disposition of the case, the Superior Court had then granted the State's motion over Klopfer's objections and with no justification offered by the prosecutor.

Klopfer, a professor of zoology at Duke University, complained to the Court that the indefinite suspension of the case interfered with his employment and his right to travel.

[1] The North Carolina laws were changed to eliminate the nolle prosequi with leave motion in 1973, allowing prosecutors to voluntarily dismiss charges without tolling the statute of limitations.

[2] State law allows prosecutors to file for a voluntary dismissal with leave to re-instate charges when the delay is caused by the defendant’s own actions, such as a failure to appear or incapacity to stand trial.