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Topic: Speedy trial


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In the News (Sun 27 May 18)

  
  Section 29-1207   (Site not responding. Last check: 2007-10-13)
Speedy trial, computation The 6-month period in which the trial must begin commences to run from the date the information is filed and not from the time the complaint is filed.
A defendant may terminate his waiver of a speedy trial by filing a written request for trial with the clerk of the court in which the defendant is to be tried.
Where a defendant has waived his right to a speedy trial and thereafter withdraws that waiver and renews his request for a speedy trial, the time between the initial waiver and the later request to withdraw must be excluded from the computation of the six-month period.
statutes.unicam.state.ne.us /Corpus/statutes/chap29/R2912007.html   (2233 words)

  
 Criminal Resource Manual 628 Speedy Trial Act of 1974
Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later.
However, if the trial judge determines that the "ends of justice" served by a continuance outweigh the interest of the public and the defendant in a speedy trial, the delay occasioned by such continuance is excluded from the Act's time limits.
The test requires the court to consider the length of the delay, the cause of the delay, the defendant's assertion of his right to a speedy trial, and the presence or absence of prejudice resulting from the delay.
www.usdoj.gov /usao/eousa/foia_reading_room/usam/title9/crm00628.htm   (1347 words)

  
 Trial Protections
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.
It may be waived expressly or by implication from one of the following acts: the defendant's failure to claim it before trial; when the defendant files a motion to the trial court to set aside the verdict against him or her; and when the defendant himself appeals the judgment.
Since the trial is the heart of the criminal procedure, it is essential that the governor of the trial should himself be impartial.
www.lincoln.edu /criminaljustice/hr/Trial.htm   (2357 words)

  
 SC to Govt: Ensure accused's speedy trial : HindustanTimes.com   (Site not responding. Last check: 2007-10-13)
"Speedy trial is one of the facets of the fundamental right to life and liberty enshrined in Article 21 (of the Constitution) and the law must endure 'reasonable, just and fair' procedure which has a creative connotation," the Bench reiterated.
The court said that the right to speedy trial begins with the actual restraint imposed by arrest and consequent incarceration and continues at all stages—the stage of investigation, inquiry, trial, appeal and revision.
The purpose of right to speedy trial is intended to avoid oppression and prevent delay by imposing on the courts and on the prosecution an obligation to proceed with reasonable dispatch," the Bench observed.
www.hindustantimes.com /news/181_1819093,0008.htm   (507 words)

  
 No. 04SC437. People v. McMurtry. - October 17, 2005 - Colorado Supreme Court Opinions
Two weeks before trial, McMurtry moved to dismiss the charges against him, arguing that his statutory right to a speedy trial had been violated by "the People’s bad faith violation of" the juvenile segregation statute and of the "express orders" of the court.
Addressing first the statutory right to a speedy trial, the court held that McMurtry’s appeal was reviewable because "improper denial of a defendant’s motion to dismiss for violation of his or her statutory right to a speedy trial divests the trial court of jurisdiction to proceed."Id. (citing Hampton v.
Because we hold that the improper denial of the statutory right to a speedy trial is not a matter of subject matter jurisdiction, McMurtry’s right to appeal the trial court’s denial of his motion to dismiss does not survive his plea of guilty on jurisdictional grounds.
www.cobar.org /opinions/opinion.cfm?OpinionID=5344   (3471 words)

  
 MSBA.org - LAW CLERK: Spring 2001: Practice Tips - TIPS FOR A SPEEDY TRIAL
The trial judge hearing the motion to dismiss for lack of speedy trial was persuaded that Mr.
The rule implements the defendant's right to a speedy trial, which is already constitutionally protected, and protects society from the harms of unnecessarily delayed criminal trials requiring the participants in the court system to make efficient use of available judicial resources.
If the State claims at a speedy trial hearing that they were ready to proceed on any prior trial date and is not responsible for any delay, and you could produce for the Court a stack of unserved State subpoenas, which could weaken the State’s argument that they were ready to proceed.
www.msba.org /sec_comm/sections/solo/law_clerk/mar01/speedytrial.htm   (1920 words)

  
 CR REF ORDER MAG CORE
Brown, by his attorneys, immediately asserted his right to a speedy retrial within seventy (70) days, arguing that his retrial should occur prior to the trial of his wife and co-defendant, Barbara M. Brown, whose case is scheduled to start on January 18, 2000.
Brown had previously filed a written waiver of her right to a speedy trial, after being advised of the outcome of her husband's case, she attempted to reassert her right to a speedy trial, insisting that §3161 required that she be tried prior to any retrial of her husband.
In her response, Barbara Brown reversed her position on the speedy trial issue and indicated that she was again waiving her right to a speedy trial.
www.wvnd.uscourts.gov /Cases/198cr00034/speedytrial-ord.htm   (1166 words)

  
 Speedy Trial: State v Rose   (Site not responding. Last check: 2007-10-13)
The issue here is whether defendant's failure to object to a trial date set outside speedy trial limits within 10 days after notice is given of the trial date waives the speedy trial time limits set out in CrR 3.3.
Under CrR 3.3(f),A party who objects to the trial date as being set outside speedy trial time limits must make a motion to set the trial within the correct time limits within 10 days after the erroneous trial date is first set.
Trial court erred in granting the motion to dismiss.
www.defensenet.org /CaseLaw/Rose.htm   (498 words)

  
 Public Defender Articles: Lake County, IL.   (Site not responding. Last check: 2007-10-13)
In Illinois, defendant has statutory right to speedy trial as well as constitutional right to speedy trial; and, if in custody, defendant must be brought to trial within 120 days; if released to bail, defendant must be brought to trial within 160 days of written demand for speedy trial, 725 ILCS 5/103-5.
Demand for speedy trial must be made while defendant is free on bail to trigger State's duty to have trial within 160 days; any demand made while defendant is in custody is premature and does not commence running of statutory time period, People v Garrett (1990), 136 Ill.2d 318, 555 N.E.2d 353, 144 Ill.Dec. 234.
Speedy trial did not continue to run after State obtained nolle prosequi due to inability to obtain laboratory report, People v Daniels (1st Dist, 1989), 190 Ill.App.3d 224, 546 N.E.2d 645, 137 Ill.Dec. 700.
www.co.lake.il.us /pubdef/articles/speedyjt.htm   (628 words)

  
 SPD Case Summaries
Balanced against that length of time is Urdahl’s failure to assert his right to a speedy trial until after the trial was scheduled, which we weigh heavily against his claim that his right to a speedy trial was violated.
The second element to be considered in evaluating a claimed violation of a defendant's speedy trial rights is the reason advanced for the delay.
The third factor to be considered in resolving speedy trial concerns is whether Borhegyi asserted his right to a speedy trial.
www.wisspd.org /html/980case/casesum/speedyTrial.htm   (1054 words)

  
 The Hindu : National : Speedy trial is a constitutional guarantee: Supreme Court
New Delhi: Observing that speedy trial is a fundamental right of an accused, the Supreme Court has directed the Centre and all State Governments to prevent unreasonable delay in disposal of criminal cases.
Writing the judgment, Justice Bhandari said the apex court in a number of cases reiterated that speedy trial was one of the facets of the fundamental right to life and liberty enshrined in Article 21 and the law must ensure reasonable, just and fair procedure.
Permitting the state to continue with the prosecution and trial any further would be a total abuse of the process of law, the Bench said.
www.hindu.com /2006/10/03/stories/2006100302411100.htm   (314 words)

  
 SPEEDY TRIAL ACT OF 1998 - CHAN ROBLES & ASSOCIATES LAW FIRM   (Site not responding. Last check: 2007-10-13)
Such order shall bind the parties, limit the trial to matters not disposed of and control the course of action during the trial, unless modified by the court to prevent manifest injustice.
In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the Court Administrator pursuant to Section 2, Rule 30 of the Rules of Court.
Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under this section.
members.tripod.com /chanrobles/legal3speedytrial.htm   (1795 words)

  
 Speedy Trial Act
In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the Chief Justice of the Supreme Court pursuant to Section 3, Rule 22 of the Rules of Court.
In determining whether to dismiss the case with or without prejudice, the court shall consider, among other factors, the seriousness of the offense, the facts and circumstances of the case which led to the dismissal, and the impact of a reprosecution on the implementation of this Act and on the administration of justice.
Failure of the accused to move for dismissal prior to trial or entry of a plea of guilty shall constitute a waiver of the right to dismissal under this section.
philippines.ahrchk.net /news/mainfile.php/leg_sel/13   (1880 words)

  
 Jury Trials - The Right to a Speedy, Public Trial by Jury
Although the United States Constitution guarantees the right to a "speedy" trial, there is no specific Constitutional guideline as to what constitutes a "speedy trial".
In jurisdictions without specific statutory or judicial time limitations, courts generally consider the length of the delay, the reason for the delay, the defendant's assertion of his right to a speedy trial, and any prejudice caused by the delay.
Recent U.S. Supreme Court decisions have extended the right to trial by jury to the determination of certain facts used as a basis for sentence enhancement.
www.totalcriminaldefense.com /jury_trial.asp   (542 words)

  
 7215 Speedy Trial
If dismissal is not so required or justified under the Speedy Trial Act, we reach the second issue and must decide whether the 34-month delay between the filing of the information and the commencement of trial violated Carini's Sixth Amendment right to a speedy trial.
Indeed there are, for the Speedy Trial Act, 18 U. expressly establishes rights in addition to, and not in lieu of, those conferred by the Sixth Amendment upon defendants in criminal cases.
Moreover, we believe that under the circumstances here the violation of the Speedy Trial Act is a proper factor to be weighed in our analysis of whether Carini was denied his constitutional right to a speedy trial, the issue to which we now turn.
www.irstaxattorney.com /Fraud-Statutes/7215_Speedy_Trial.html   (3783 words)

  
 The Hindu : The right to speedy trial
Speedy trial is the essence of criminal justice and delay in trial by itself constitutes denial of justice.
It is interesting to note that in the United States speedy trial is one of the constitutionally guaranteed rights.
The felt necessities in the branch of criminal law are (a) avoidance of delay, (b) simplicity of procedure, (c) fair deal to the poorer sections of society and of course a fair trial in every case according to the principles of natural justice.
www.hindu.com /2001/04/24/stories/13240643.htm   (727 words)

  
 Boulder County Bar Association - Bar Media Manual
However, trials remain the backbone of the system because they are the mechanism we use to resolve disputes when all efforts to settle cases fail.
There is also a statutory right to a speedy trial that generally requires a trial court to dismiss the charges if the defendant is not brought to trial within six months of his or her arraignment.
Civil cases are often pushed to the back of the line for trial settings because civil litigants do not have either a constitutional or a statutory right to a speedy trial.
www.boulder-bar.org /bar_media/trial/12.1.html   (471 words)

  
 washingtonpost.com: Sniper Raises Speedy Trial Rule
Muhammad's attorneys are using a 1993 Virginia appeals court ruling in Funk's case to argue that Muhammad's right to a speedy trial was violated because he wasn't brought before a Fairfax County judge after a Fairfax grand jury indicted him in November 2002.
Muhammad's attorneys are asking Fairfax Circuit Court Judge Jonathan C. Thacher to dismiss the case because of the speedy trial violation.
Horan said prosecutors were ready to try Muhammad then but had the Malvo trial pending, Muhammad had his Prince William trial pending, and Muhammad "never asked for a speedy trial" in Fairfax.
www.washingtonpost.com /ac2/wp-dyn/A57340-2004Sep2?language=printer   (1065 words)

  
 COURT TV ONLINE - CHOICES AND CONSEQUENCES
The officers involved in the case come to court to testify in his trial, but the trial is delayed several times because of an overburdened court system.
After discussing their ideas, the students will likely understand that the "speedy trial" clause of the Sixth Amendment is open to interpretation and depends on the context of particular cases and courts.
The "speedy trial" clause was included in the Sixth Amendment of the U.S. Constitution in an effort to reject the British practice of allowing accused criminals to remain in prison for long periods of time between indictment and trial.
www.courttv.com /choices/curriculum/homicide/lesson3.html?sect=2   (2139 words)

  
 Miscellaneous Matters: Speedy Trial: Post-Trial   (Site not responding. Last check: 2007-10-13)
Toohey, 63 M.J. where appellant has asserted his speedy trial right, it is entitled to strong evidentiary weight in determining whether he is being deprived of the right).
Dearing, 63 M.J. 478 (appellant was denied his due process right to speedy review and appeal where the unexplained and unreasonably lengthy delay and specific prejudice arising from the appellate delay effectively denied appellant his right to the free professional assistance of detailed military appellate defense counsel).
Moreno, 63 M.J. 129 (the period of 490 days between the end of trial and the convening authority’s action was excessive for the post-trial processing of this case; the processing in this segment is completely within the control of the government and no exceptional circumstances were offered to explain this delay).
www.armfor.uscourts.gov /digest/2006dig/VB5.htm   (1112 words)

  
 FindLaw: U.S. Constitution: Sixth Amendment: Annotations pg. 2 of 11
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.
Loud Hawk, 474 U.S. (1986), holding the speedy trial guarantee inapplicable to the period during which the government appealed dismissal of an indictment, since during that time the suspect had not been subject to bail or otherwise restrained.
United States, 412 U.S. A trial court denial of a motion to dismiss on speedy trial grounds is not an appealable order under the ''collateral order'' exception to the finality rule.
caselaw.lp.findlaw.com /data/constitution/amendment06/02.html   (1323 words)

  
 Tampabay: Murder suspect takes risk with speedy trial
At great risk to himself, he is demanding a speedy trial over the advice of his attorneys.
Though every defendant is constitutionally entitled to a speedy trial, it is a right rarely demanded in a high-stakes situation such as a death penalty case.
Hedges waived his right to a second speedy trial and is scheduled for trial this fall.
www.sptimes.com /2006/05/08/Tampabay/Murder_suspect_takes_.shtml   (735 words)

  
 Oregon Appeals Court Applies Speedy Trial Protection to Photo Tickets
The trial court did not address the state's contention that the statute was inapplicable, but ruled that the length of the delay was not unreasonable.
Ten days before trial, defendant filed a written motion to dismiss the citation, on the ground that the state had failed to bring the charge to trial within a reasonable time, as required by ORS 135.747.
The trial court denied defendant's motion to dismiss and, after trial, found defendant guilty of the violation of failure to obey a traffic control device.
www.thenewspaper.com /news/15/1594.asp   (1999 words)

  
 Motion to Dismiss for Lack of Speedy Trial: Sample
By not being afforded a speedy trial on the charges in this case, the Defendant has been denied his constitutional rights under both the state and Federal constitutions as well as under M.R.Crim.P. Rule 36.
Under Rule 36, when the defendant is not brought to trial within the prescribed time period, he is automatically entitled to a dismissal when he (a) has not acquiesced to the delay, (b) is not responsible for the delay, and (c) and does not benefit from the delay.
Therefore, the Defendant asserts his right to a speedy trial pursuant to Rule 36 and thereby is entitled to dismissal with prejudice.
www.falseallegations.com /speedy.htm   (806 words)

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