X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The appellant, Juan Harris, appeals from the denial of his motion to dismiss his indictment on the ground that his constitutional right to a speedy trial had been violated. We conclude, however, that the trial court did not err in denying Harris’s motion, and we thus affirm the trial court’s judgment. To begin the constitutional speedy trial analysis, we note that the approximately five and one-half years from the date of Harris’s arrest to the date the trial court denied Harris’s motion to bar his prosecution is “presumptively prejudicial”1 and thus triggers the four-part balancing test initially set forth in Barker v. Wingo 2 for deciding constitutional speedy trial claims. Under the four-part balancing test, we must consider ” ‘i whether delay before trial was uncommonly long, ii whether the government or the criminal defendant is more to blame for that delay, iii whether, in due course, the defendant asserted the right to a speedy trial, and iv whether he or she suffered prejudice as the delay’s result.’ “ 3 The Supreme Court has stated that none of these four factors is “either a necessary or sufficient condition to the finding of a deprivation of the right of speedy trial. Rather, they are related factors and must be considered together with such other circumstances as may be relevant. In sum, these factors have no talismanic qualities; courts must still engage in a difficult and sensitive balancing process.”4

The length of the delay in this case is significant, with most of it attributable to the State. Moreover, a large portion of the delay attributable to the State is due to the State’s negligence in bringing the case to trial. Thus, even though there is no evidence of the most serious abuse of a deliberate attempt to delay the trial in order to prejudice Harris,5 the negligent delay must be weighed against the State.6 The record, however, shows that Harris did not assert his right to a speedy from the time of his arrest in November 20017 until shortly before the hearing on his motion to bar his prosecution in May 2007.8 We conclude that this delay in asserting his right must be weighed against Harris.9

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

When you come to work for New Jersey Judiciary you will join an 8500-member strong TEAM that operates with the highest standards of independ...


Apply Now ›

When you come to work for New Jersey Judiciary you will join an 8500-member strong team that operates with the highest standards of independ...


Apply Now ›

CAREER OPPORTUNITYUNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT VACANCY ANNOUNCEMENT - USDC-CT 24-14 POSITION: Pro Se Law Clerk OPENI...


Apply Now ›