A man convicted on a drug charge in Scott County may see his conviction dismissed after the Iowa Court of Appeals said speedy trial rules were violated in his case.

Edward Campbell was sentenced to 10 years in prison on a 2005 crack cocaine charge. He is out on parole.

While Campbell contributed to many of the delays, the state and judicial system also contributed to him not being tried within a year of his arraignment, the court said. And his attorney did not raise the issue, the ruling says.

Scott County Attorney Mike Walton will request further review of the decision.

"The state made every effort to move this case along," Walton said. "The court of appeals decision acknowledges that Campbell himself caused delays until September 18, 2006. We don't agree that he should benefit from the delays he caused."

According to court documents:

Campbell entered his written plea of not guilty on Sept. 28, 2005. An arraignment order was filed on Oct. 13, 2005. The one-year time period to try Campbell began with his written plea, the court says.

Trial was set for Dec. 19, but Campbell asked for a new lawyer that day, which was granted. The trial was pushed back to March 13. That was then postponed after Campbell asked for a psychiatric evaluation.

Trial was then rescheduled for May 30. At that time, Campbell demanded the presence of an expert from the Iowa Division of Criminal Investigation. Campbell also asked for substitute counsel after his new attorney became aware of an ethics complaint Campbell filed against him. Trial was continued to June 5. At the time, the court determined that if Campbell did not waive his right to a speedy trial, that any delay should be attributed to the defendant.

Trial was reset for Aug. 7. That day, Campbell requested DNA testing of evidence. The motion was granted, but the court noted the test would take time. The court found that there was good cause to delay the trial.

Campbell then withdrew his motion for DNA testing and rescinded his waiver of speedy trial deadlines. The court allowed the withdrawal of the motion and set trial for Sept. 18.

However, the trial was moved to Sept. 22. One notation said Campbell requested the delay, but a later order said it was due to "insufficient judicial resources."

That date would have been within the one-year time.

Trial was again delayed until Sept. 29, again due to "insufficient judicial resources." That was outside of the one-year deadline.

On Sept. 29, the state requested a continuance because two witnesses were unavailable. The court "reluctantly" granted the motion. A bench trial was finally held on Oct. 2.

"The history reveals that, while the initial delays were attributable to Campbell, the delays after September 18, 2006, were attributable to the court or the state," the Iowa Court of Appeals wrote. "But for these additional extensions, Campbell could have been brought to trial within one year of arraignment."

If Campbell's attorney would have raised the issue at trial, it is likely a motion to dismiss would have been granted, the court said.