Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: TexasGator; marktwain; Garth Tater; Salamander; don-o
"Criminal cases have precedent over civil"

In Barker v. Wingo, 407 U.S. 514 (1972), the Supreme Court laid down a four-part case-by-case balancing test for determining whether the defendant's speedy trial right has been violated:

Length of delay: A delay of a year or more from the date on which the speedy trial right "attaches" (the date of arrest or indictment, whichever first occurs) was termed "presumptively prejudicial." - Clearly violated.

Reason for the delay: The prosecution may not excessively delay the trial for its own advantage, but a trial may be delayed to secure the presence of an absent witness or other practical considerations. - Clearly violated.

Time and manner in which the defendant has asserted his right: If a defendant agrees to the delay when it works to his own benefit, he cannot later claim that he has been unduly delayed. - The filing of the Civil cases is both de facto and de jure statement against the delay. - Clearly Violated.

Degree of prejudice to the defendant which the delay has caused. - Clearly violated in that the ruling itself is "res ipse loquitur."

~Quod Erat Demonstrandum~

7 posted on 08/27/2016 6:46:08 AM PDT by shibumi (I am the Nexus One I want more life Muthah I ain't done *~)
[ Post Reply | Private Reply | To 3 | View Replies ]


To: shibumi

Lol. You cited case where the courts found he had not been deprived of his right to a speedy trial.


9 posted on 08/27/2016 7:43:42 AM PDT by TexasGator
[ Post Reply | Private Reply | To 7 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson