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Topic: Denial of a speedy trial

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	Article 21. Rights of accused; indictment; counsel; confrontation; speedy trial; impartial and unanimous jury.
		The speedy trial right was intended to minimize the anxiety of the accused, his family, and friends, and to protect the accused from public scorn, financial ruin, and having to curtail his speech and associations.
		Factors to be considered in determining speedy trial, in addition to the length of the delay, are: (1) prejudice to the defendant; (2) the defendant's demand for a speedy trial; and (3) the reasons for the delay.
		The denial of defendant's motion for post-conviction relief was reversed because the defense counsel failed to satisfy the objective standards of trial conduct by failing to present an argument as to the alleged invasiveness of a search of the defendant and to seek the suppression of evidence obtained in the search to the court.
	www.elections.state.md.us /citizens/law/mdr21/mdr_21.htm (16411 words)

	[No title]
		Four factors must be weighed in analyzing speedy trial issues: "(1) the length of the delay, (2) the reason for the delay, (3) the defendant's assertion of [the] right to a speedy trial, and (4) [the] prejudice resulting from the delay." ZZState v.
		B. Denial of Constitutional Right to be Present at Every Stage of Trial [5] Defendant also argues that the court denied her the constitutional right to be present at every stage of her trial by accepting the jury's verdict in her absence and by denying her motion for appropriate relief.
		Prior to the trial at which she was convicted and sentenced, defendant filed a motion to dismiss for denial of a speedy trial.
	www.ibiblio.org /pub/docs/nc-supreme-court/jul2093/webster (3701 words)

	United States v. Lam
		The government, meanwhile, argues that Lam was not deprived of his constitutional speedy trial right given that all of the continuances were initiated by, stipulated to, and granted for his benefit through his trial counsel, and that Lam waived his STA claim by failing to move to dismiss until after the trial.
		In assessing the merits of a claimed violation of the Sixth Amendment speedy trial right, courts are to conduct a balancing test involving four separate factors: the length of the delay, the reason for the delay, the defendant' s assertion of his right, and prejudice to the defendant.
		It is also true that in virtually all of the cases where we have denied a speedy trial claim on the ground that defense counsel acquiesced in the trial delays, the defendant himself expressly agreed to the continuances or stipulated to the factual bases underlying the requests.
	www.law.com /regionals/ca/opinions/aug/9910463.shtml (4879 words)

	Denial
		Area denial weapons Area denial weapons are used to prevent an adversary occupying or traversing an area of land.
		Denial of a speedy trial In days, before a trial occurs, all charges are automatically dropped.
		Holocaust denial Holocaust denial is the claim that the mainstream historical version of the Holocaust is either highly...
	www.brainyencyclopedia.com /topics/denial.html (174 words)

	[No title]
		Harris, 827 S.W.2d at 956 (no denial of a speedy trial where the state’s delay was due to the case’s complexity; “it is apparent from the record that the prosecution's case was in fact quite complicated and doubtlessly required a great deal of preparation.
		The trial court was troubled that the officers failed to knock at the front door, failed to ask the man at the side of the house who and where the homeowner was, and failed to ask that man for permission to go to the backyard.
		The trial court refused to suppress the heroin and, showing deference to the trial court’s ruling, the appellate court affirmed, noting there was no evidence indicating anything other than the reasonable inference that the officer was attempting to make a joint initial attempt to contact the inhabitant of the house.
	www.co.el-paso.tx.us /pdefender/sept2002.doc (15178 words)

	One year delay not a denial of speedy trial (99-1-29)
		The factors to be considered in each case are: (1) the length of delay; (2) the reason for the delay; (3) the assertion of the right to speedy trial by the accused; and (4) the prejudice to the accused resulting from the delay.
		We conclude the trial court erred in dismissing the first count of the petition for determinate sentencing, in which the State alleged the January 15, 1996 offense.
		Accordingly, we hold that the trial court erred in its application of the Barker factors by dismissing the second count of the petition for determinate sentencing.
	www.tjpc.state.tx.us /publications/reviews/99/99-1-29.htm (2237 words)

	Sykes v. Superior Court (1973) 9 C3d 83
		In determining that the right to a speedy trial had been denied by the pre-arrest delay we weighed the prejudicial effect of the delay on the defendant against the justification for the delay and concluded that it was unreasonable in the circumstances.
		Although not required of him to perfect his speedy trial claim, petitioner in fact repeatedly attempted to remind the authorities of his status and of the need for his retrial, and there are no circumstances which suggest that he waived his right to a speedy trial.
		Relief was denied on the ground that habeas corpus was not the proper remedy, but the court also stated that where the express language of section 1382 did not mandate a trial date within 60 days after a remittitur, the applicability of the section could not be judicially expanded.
	online.ceb.com /calcases/C3/9C3d83.htm (3900 words)

	Oregon Judicial Department Appellate Court Opinions
		He assigns error to the denial of his motion to dismiss the DUII charge on the ground that the six-year delay between his arraignment and trial on the charge violated his statutory and constitutional rights to receive a speedy trial.
		Delays in a trial that result from postponements that the defendant requests or to which she consents are excluded under ORS 135.747 from the calculation of trial delay.
		The trial court therefore erred in concluding that defendant's execution of the diversion agreement constituted consent to the six-year delay between termination of that agreement and the trial of the DUII charge.
	www.publications.ojd.state.or.us /A114841.htm (1192 words)

	law.com - Decision
		The court of appeals affirmed and held that the trial court did not err in denying appellant's motion for speedy trial and his motion to reconsider.
		The length of the delay between an initial charge and trial (or the defendant's demand for a speedy trial) acts as a "triggering mechanism." *fn20 Unless the delay is presumptively prejudicial, courts need not inquire into examine the other three factors.
		The court of appeals said: "given [appellant's] failure to pursue a motion for speedy trial for over two and one-half years, we infer that the main source of his anxiety was his fear of conviction, which is not a proper consideration." *fn50 We cannot agree with this inference.
	www.law.com /jsp/decisionstate.jsp?id=1030821218745 (4923 words)

	Michigan Appellate Digest - 193063 People v Gilmore (Site not responding. Last check: 2007-11-06)
		In determining whether a defendant has been denied his right to a speedy trial, a court should consider: (1) the length of the delay, (2) the reason for the delay, (3) the defendant's assertion of his right to a speedy trial, and (4) any prejudice to the defendant.
		Additional trial dates were also adjourned because another trial was in progress, and on February 1, 1996, the defendant moved to dismiss the charge based upon the denial of his right to a speedy trial.
		In asserting prejudice to the defense due to the denial of a speedy trial, a general claim of prejudice from fading witness memories and financial burdens is insufficient.
	courtofappeals.mijud.net /Digest/newHTML/19306321.htm (1109 words)

	[No title] (Site not responding. Last check: 2007-11-06)
		Furthermore, the sentencing transcript reveals the trial court sentenced Lacey to life imprisonment on the first-degree intentional homicide conviction and to thirty y ears\rquote imprisonment on the attempted first-degree intentional homicide conviction.
		While Lacey has no basis for arguing her double jeopardy rights were violated, we remand the case to the trial court with directions to the clerk\rquote s office to correct the second judgment of conviction to reflect Lacey was convicted of attempted first-degree intentional homicide.
		Speedy Trial \par }\pard \s20\qj \li0\ri0\sa240\sl-480\slmult0\widctlpar\tx720\tx1440\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0 {\tab \'b6}{\field{\\fldinst { AUTONUMLGL \\e }}{\fldrslt \hich\af0\dbch\af0\loch\f0 10}}{\tab Lacey\rquote s fourth argument is that she was denied* her right to a speedy trial.
	www.courts.state.wi.us /ca/opinions/03/03-2855.doc (2317 words)

	[No title]
		We therefore reverse the trial court and the Court of Appeals and remand with instructions to dismiss the case with prejudice.
		Although we defer to the trial court's resolution of factual matters, we independently evaluate the four factors to determine whether the right to a speedy trial has been violated.
		The Court of Appeals correctly determined that each demand for a speedy trial was not as forceful as it could have been; nonetheless, we conclude it gave too little weight to the fact that Defendant asserted his right three times during these proceedings.
	www.supremecourt.nm.org /pastopinion/VIEW/04sc-007.html (3172 words)

	No. 00-3377
		The right to a speedy trial is guaranteed under the Sixth Amendment to the United States Constitution and under article I, section7 of the Wisconsin Constitution.
		In order to show undue delay in prosecution, rather than denial of a speedy trial, Rittenhouse must demonstrate that the State deliberately delayed filing the charges to obtain a tactical advantage over the defense and that this delay caused him prejudice in presenting a defense to the criminal charges.
		The trial court addressed Rittenhouse's postconviction motions to withdraw his pleas and held that the evidence that Rittenhouse sought to suppress was legally obtained.
	www.wisbar.org /res/capp/2001/00-3377.htm (2008 words)

	Commonwealth v. Dallenbach
		In finding that its statutory speedy trial provisions requiring a trial within six months after a not guilty plea apply to juveniles, the Court was persuaded by both the Furey Court’s reasoning and consideration of the psychological harm and stigmatization of the juvenile which could result from a long delay.
		Further, we hold that the trial court committed neither an error of law or an abuse of discretion when it found that juvenile Dallenbach’s due process right to a speedy trial had been violated under the facts of this case, however, it failed to articulate the nature of the prejudice which warranted dismissal.
		In the absence of a standard and the non-application of the speedy trial rules, we are left with reliance on the fundamental fairness doctrine which, since the 1960s, has guided the appellate courts in carving out due process rights for juveniles.
	cl.bna.com /cl/19990519/2095.htm (4572 words)

	The Constitution of the United States of America
		But on the other hand, ``there is a societal interest in providing a speedy trial which exists separate from and at times in opposition to the interests of the accused.'' Persons in jail must be supported at considerable public expense and often families must be assisted as well.
		Wingo, 407 U.S. A determination that a defendant has been denied his right to a speedy trial results in a decision to dismiss the indictment or to reverse a conviction in order that the indictment be dismissed.\28\ \28\Strunk v.
		Trial by petit jury was not employed at least until the reign of Henry III, in which the jury was first essentially a body of witnesses, called for their knowledge of the case; not until the reign of Henry VI did it become the trier of evidence.
	www.gpoaccess.gov /constitution/html/amdt6.html (10312 words)

	UNITED STATES OF AMERICA, Plaintiff-Appellee, v. SAMUEL J. ANNERINO, HAROLD BEAN, and BRIAN METRICK, ...
		Annerino argues that (1) the district court erred in not dismissing his case for the denial of a speedy trial; (2) a statement made by him was admitted in violation of Miranda ; (3) the trial court erred in admitting hearsay statements of his co-conspirators; and (4) the evidence was insufficient to sustain the conviction.
		The Government was ready for trial on that date, but the court was informed that counsel for Bean was commencing a trial before another judge and counsel for the Metricks would not be recuperated from his heart attack until mid-October.
		Although Annerino appropriately asserted his speedy trial right, the length of the delay was not extraordinary, he was free on bond before trial, prejudice was minimal, and the delay was not a deliberate attempt by the Government to gain a tactical [**13] advantage over Annerino or to harass him.
	www.ipsn.org /court_cases/us_v_annerino.htm (3987 words)

	Criminal Appeal: Speedy Trial (Site not responding. Last check: 2007-11-06)
		The trial court continued Sergio Arroyoâs trial, over his objection, beyond 60 days from the date he was arraigned on the indictment in the superior court.
		There was no speedy trial violation: the delay between arrest and indictment did not exceed 30 days because the clock was tolled while the district court considered a plea agreement.
		And delay between indictment and trial did not exceed 70 days because defendant was deemed indicted on the date on which he was allowed to withdraw his guilty plea.
	www.crimblawg.com /speedy_trial (695 words)

	Legal Dictionary, AA - Accident Attorneys, Accidents & Personal Injury, Motorcycle Accident Lawyers, Big-Rig Accidents, ... (Site not responding. Last check: 2007-11-06)
		Harmless error - An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.
		Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling.
		Removal The transfer of a state case to federal court for trial; in civil cases, because the parties are from different states; in criminal and some civil cases, because there is a significant possibility that there could not be a fair trial in state court.
	www.aa-accidentattorneys.com /legal_dictionary.html (13605 words)

	Muhammad defense team argues denial of speedy trial - The Washington Times: Metropolitan - September 08, 2004 (Site not responding. Last check: 2007-11-06)
		Attorneys for convicted sniper John Allen Muhammad cited new documents yesterday that they say bolster an irrefutable case that a prosecutorial blunder denied their client his right to a speedy trial in a second death-penalty prosecution.
		Muhammad's attorneys say their client's pending capital-murder trial in Fairfax County, scheduled for October, should have begun months ago in order to comply with speedy-trial guarantees in the Virginia and U.S. constitutions.
		If Circuit Judge Jonathan Thacher rules in Muhammad's favor, Fairfax County would be barred from prosecuting Muhammad for the Oct. 14, 2002, shooting death of FBI analyst Linda Franklin, one of 10 random sniper killings that terrorized the Washington area in a three-week span.
	washingtontimes.com /metro/20040907-104633-5340r.htm (744 words)

	Maryland Robbery Charges Dismissed
		Ruling that prosecutors didn't bring the case to trial fast enough, a county judge has dismissed charges against a Prince George's County man who allegedly robbed a Crofton sandwich shop at gunpoint last summer.
		The reason, prosecutors say, is that Cawley waited 14 months to file a request for a speedy trial.
		Office and District Court clerk Aug. 18, the same day Geesling pleaded guilty to armed robbery and was sentenced to serve 15 years in prison.
	www.mooneyesq.com /main/article_7.htm (562 words)

	Speedy trial - Wikipedia, the free encyclopedia
		It should be noted that most, if not all, statutes defining the period of speedy trial time also include various exceptions to this rule.
		Examples of such exceptions are periods of time in which the delay preceding the trial is due to the request of the defense, or if there is good cause shown for the delay.
		This page was last modified 23:35, 23 April 2005.
	en.wikipedia.org /wiki/Denial_of_a_speedy_trial (83 words)

	Serna Court Decisions: Stale Warrants/Speedy Trial
		Lost - unless a defendant asserts a claim of denial of a speedy trial before trial that claim is waived - Court may postpone hearing of claim to posttrial
		NY v bolden NY definitions of Absent& Unavailable: "A defendant must be considered absent whenever his location is unknown and he is attempting to avoid apprehension or prosecution, or his location cannot be determined by due diligence.
		A defendant must be considered unavailable whenever his location is known but his presence for trial cannot be obtained by due diligence (emphasis supplied).
	www.deepinfo.com /serna.htm (484 words)

	Supreme Court of North Carolina - Petitions - February 2001
		Def's Pro Se Motion for a New Trial for Denial of Counsel for Defense and Trial and for Civil Relief of One Zillion Dollars (received 12/19/01)
		Def's Pro Se Motion for New Trial for Denial of Counsel for Defense and Trial and for Civil Relief (received 1/12/01)
		Allowed for the limited purpose of remanding for a hearing by the trial court, including taking evidence and making findings, on issue of witness recantation.
	www.aoc.state.nc.us /www/public/sc/pc010202.htm (1592 words)

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