Denial of a speedy trial definition

The fact of delay triggers an inquiry and is dependent on the circumstances of the case. Reasons for delay will vary. A deliberate delay for advantage will weigh heavily, whereas the absence of a witness would justify an appropriate delay, and such factors as crowded dockets and negligence will fall between these other factors. Loud Hawk, U. It is the duty of the prosecution to bring a defendant to trial, and the failure of the defendant to demand the right is not to be construed as a waiver of the right.

Wingo , U. See generally id. Zerbst, U. Carnley v. Cochran, U. A delay caused by assigned counsel should generally be attributed to the defendant, not to the state. Brillon , S. Finally, a court should look to the possible prejudices and disadvantages suffered by a defendant during a delay. It was denied.

He appealed, complaining about the Speedy Trial Act. His appeal lost. He went to the United States Supreme Court. Bloate was indicted on August His motions were due on September On September 7, he filed a motion for more time that the court granted the same day.

On September 25, Mr. On October 4, the district court had a hearing, where it asked Mr. Bloate if he understood he could file motions and was deciding not to on purpose — this is, whether the waiver was knowing and voluntary. State, 84 S. Though courts are reluctant to find a defendant has been deprived of this constitutional right, and a defendant may bear the bulk of the burden, it is not impossible. The key to raising this claim lies in properly asserting the right to a speedy trial in Texas.

A slight misstep may result in the court finding that the right was never asserted. Right to a Speedy Trial was not Denied Harris v. State, S. Capital Murder 13 months State v. Greenlee, WL Tex. Tyler Aug. Misdemeanor possession 13 months Deeb v.

State, WL Tex. San Antonio Apr. Possession of drug paraphernalia 18 months Webb v. State, 36 S. Houston [14th Dist. Austin , pet. State, WL Tx. Houston [1st Dist. Aggravated robbery 28 months Phillips v. Texarkana Feb. Assault of corrections officer 28 months Adkins v.

Fort Worth Mar. Smith, 76 S. Tyler , pet. Right to a Speedy Trial was Denied Gonzales v.