Archive for May, 2010

Yet another blow to speedy trial.

Posted in Uncategorized on May 4, 2010 by tobywelchlaw

By this point the Constitutional right to speedy trial looks a lot like this

The Court of Appeals today in McBride v. State held that a seventeen month delay between indictment (and arrest in this case) and trial does not violate either the Constitutional right to speedy trial or the statutory right.  In fact, “mere negligence” that kept McBride off the trial docket for a year,  and the old standby of an “overcrowded” docket should not be weighed heavily against the State.

If that wasn’t enough, the State and the Majority, rely upon an Order submitted by the parties setting the case for early 2008, supposedly filed on September 21, 2007, that, according to the dissent, doesn’t exist.

Apparently, there is not a sufficient  reason to ever dismiss a case for speedy trial violations.  No length of delay is too long, no reason is too vague, and no prejudice is too great to dismiss for a lack of a speedy trial.

The right to speedy trial has turned into a privilege.