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Jackson v. State

Defendants failed to show that their defenses would be seriously prejudiced by the state's negligence in bringing their cases to trial.

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Michael Jackson, Timothy Allison, Derrick Perry, Rendrick Nolton and Charles Jackson, along with Michael Mosely who is not a party to this appeal, were indicted for the April, 1997 murders of Felix Foster and Felicia Martinez. The issue before is us whether these five defendants have been denied their Sixth Amendment right to a speedy trial. Applying the criteria of Barker v Wingo,1 we hold that the defendants have failed to establish that their constitutional right to a speedy trial has been violated. Our decision in this regard does not, however, condone the state’s delay of trial while two of these defendants remained incarcerated for two years. Even where not deliberate, delay by the state which results in excessive pre-trial incarceration will be closely reviewed by this Court. The state’s negligence “still falls on the wrong side of the divide between acceptable and unacceptable reasons for delaying a criminal prosecution once it has begun.”2 This is particularly true when a defendant is deprived of liberty during the delay. Nonetheless, where, as here, the defendants were dilatory in asserting the right to a speedy trial and have additionally failed to demonstrate that the state’s negligence in bringing this case to trial has seriously prejudiced their defenses, there is no constitutional violation. Therefore, we affirm the denial of the motion to dismiss the indictments.

THE CRITERIA OF BARKER v. WINGO.

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