Decision of the Day: COVID-19 Delays Not An Excuse to Violate Constitutional Rights, Court Finds
This ruling was selected and summarized by the New York Law Journal's decision editors.
August 07, 2023 at 09:30 AM
2 minute read
Defendant pleaded guilty and was convicted of the shooting of victim Alexander in February 2012. In December 2019, the victim allegedly succumbed to his wounds from the shooting. The prosecution learned of his death in February 2020.
Defendant was indicted for second-degree murder and first-degree manslaughter in March 2023. The Defendant moved to dismiss the charges for violating his constitutional rights to a speedy trial and due process of the law. The Prosecution argued that the reason for the 31-month delay was because of the COVID-19 pandemic and the DA's office was unable to impanel a grand jury because of a severe backlog of cases and investigations, as well as reassigned case work due to resignations.
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