116 results for 'cat:"Speedy Trial"'.
J. Musseman finds that the trial court properly found defendant guilty of possession of a firearm after prior felony conviction. Prior to trial, defendant remained in custody on other charges following his arrest and was not being held in custody on the instant charge. His right to a speedy trial was not violated. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: July 27, 2023, Case #: F-2021-1157, Categories: Firearms, speedy Trial
J. Baker finds that the trial court properly dismissed defendant's speedy trial motion and convicted him for drug distribution. The state failed to show a valid reason for the more than three-year delay and he did not waive his right to a speedy trial, but he was not prejudiced since his pretrial incarceration was not oppressive and he failed to show that pending charges in Montana increased the anxiety he felt while jailed in Idaho. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: July 25, 2023, Case #: DA 21-0624, Categories: Drug Offender, speedy Trial
J. Wells finds that the lower court properly denied defendant's motion to dismiss the charges of possession with intent to distribute methamphetamines against her. While she awaited a hearing in Maryland, she was arrested and incarcerated for separate crimes in West Virginia. After serving her sentence, she filed the dismissal, arguing Maryland failed to comply with an Interstate Agreement on Detainers. However, because she herself did not file any written notice for final disposition, she cannot benefit from the IAD statute of being brought to trial within 180 days. Affirmed.
Court: The Appellate Court of Maryland, Judge: Wells, Filed On: July 25, 2023, Case #: C-11-CR-20-000080, Categories: Drug Offender, Intent, speedy Trial
J. Waples finds the trial court correctly denied defendant's motion to suppress evidence and motion to dismiss for lack of a speedy trial on charges of sexual assault. Defendant's Article 11 rights were not violated by the warrantless search of his home, and the balance of the factors do not show there was a speedy trial violation. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: July 21, 2023, Case #: 21-AP-275, Categories: Evidence, Sex Offender, speedy Trial
J. Palafox finds that a lower court properly denied defendant habeas relief and a motion to dismiss in a case involving child sexual abuse. Defendant argues that the victim improperly presented evidence that fell outside of his indictment and that prosecutors "increased charges against him solely because he exercised his lawful rights" by complaining about this, but in fact prosecutors chose to re-indict defendant based on new information. Defendant, rather than moving for a speedy trial, "instead requested a continuance." Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: July 21, 2023, Case #: 08-22-00179-CR, Categories: Sex Offender, speedy Trial, Child Victims
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Worthen finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. Though there were apparent conflicts between defendant's second appointed counsel and himself, "personality conflicts" and disagreements concerning trial strategy are not valid grounds for withdrawal of counsel. No copy of a “grievance” allegedly filed against counsel exists in the record, and the specific allegations cannot be ascertained. The record also does not show that the trial court ruled on any speedy trial motions. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: July 21, 2023, Case #: 12-22-00073-CR, Categories: Assault, Weapons, speedy Trial
J. Alvarez upholds defendant's guilty-plea conviction for the murder of his mother. His right to a speedy trial was not violated, as he never requested a speedy trial and the record indicates defendant's "strategic motivation was always to achieve a favorable plea or a dismissal." Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: July 19, 2023, Case #: 04-22-00030-CR , Categories: Murder, Plea, speedy Trial
J. Moeller finds that the trial court properly convicted defendant in a second retrial of murdering two people at a campsite in 1985. The state's late disclosure of prison phone calls made by defendant's brother, which were not admitted into evidence, did not prejudice defendant, and it was within the trial court's discretion to allow the state to question the brother about the content of the calls as prior inconsistent statements. Statements made by the trial court in the first retrial did not express principle or a rule of law, so the law of the cases doctrine did not apply to them. His speedy trial rights were not violated by the second retrial, which came more than 25 months after the first retrial was declared a mistrial, since he caused most of the delay and it did not result in prejudice. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: July 12, 2023, Case #: 47522, Categories: Evidence, Murder, speedy Trial
J. Peterson finds that the lower court properly convicted defendant of aggravated driving under the influence. His speedy trial rights were not violated by the state's filing of additional felony charges stemming from the same incident a year after the initial indictment. The 160-day speedy trial period is available to defendants released on bail only if they make a demand for a trial, and defendant never made a demand. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: July 12, 2023, Case #: 220055, Categories: Dui, speedy Trial
J. Pritzker finds that the lower court improperly adjudicated a then-12-year-old as a juvenile delinquent for making unauthorized credit card purchases after taking his stepfather's wallet because speedy trial standards were violated in performing status assessments. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: July 6, 2023, Case #: 534910, Categories: Juvenile Law, speedy Trial
J. Kautz finds that the lower court properly denied defendant's request to withdraw his guilty plea to manslaughter and burglary charges. He tried to withdraw his plea due to speedy trial concerns, but did not provide any meaningful information to support his concerns or why the plea should be taken back. And evidence on the record shows his right to a speedy trial was handled correctly and that no violations took place. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: July 6, 2023, Case #: S-22-0199, Categories: Plea, speedy Trial, Manslaughter
J. Keough finds that defendant's failure to make specific claims about how pretrial delays that stemmed mainly from the Covid-19 pandemic prejudiced him requires dismissal of the speedy trial claim in his appeal. Meanwhile, the trial court properly denied defendant's motion to sever his assault charge from the murder charge. While the investigations for both incidents, which occurred on the same night in close proximity to one another, were intertwined, the evidence for each count was separate and distinct, and would not confuse the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: July 6, 2023, Case #: 2023-Ohio-2294, Categories: Criminal Procedure, Murder, speedy Trial
J. Patterson finds the appellate division properly convicted defendant of burglary after he was arrested in Pennsylvania in connection with a series of burglaries in that state. Defendant had to be brought to trial by August 2018 after he requested disposition of his New Jersey offenses in February 2018. Defendant had been "unable to stand trial" while his motions remained pending for 53 days, tolling the 180-day period and shifting the final deadline to October 2018. Jury selection began in June 2018, in advance of that deadline. Affirmed.
Court: New Jersey Supreme Court, Judge: Patterson , Filed On: July 3, 2023, Case #: A-9-22, Categories: speedy Trial
Per curiam, the appellate division finds that the trial court properly convicted defendant of bail jumping and criminal contempt after he failed to appear at the final day of trial for sexual abuse and fled to Canada. The post-indictment delay of more than 18 years had been caused by defendant leaving a false suicide note and absconding to Canada, and prosecutors properly estimated a low likelihood of extradition from that country. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 30, 2023, Case #: KA 20-01224, Categories: Bail, speedy Trial, Contempt
J. Lavine finds the trial court properly denied defendant's motion to dismiss robbery and assault charges on speedy trial grounds. Not only was the motion filed after the start of his trial, but there was no proof in the record his initial speedy trial motion had ever been filed with the clerk, as it lacked a filing stamp. Meanwhile, the trial court also properly denied defendant's motion for a new trial based on coerced testimony from a witness because the witness had no valid Fifth Amendment privilege. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Lavine, Filed On: June 29, 2023, Case #: AC45349, Categories: Evidence, Assault, speedy Trial
J. Lewis finds the trial court properly denied defendant's motion to dismiss on speedy trial grounds during defendant's trial for trafficking in persons, and drug and weapons charges. Although the court took several months to make a decision on his motion to suppress, the length of time was not unreasonable and did not count against his speedy trial clock. Defendant was charged with various felonies and misdemeanors in a complex case and filed several extension of time motions during the court's analysis of his suppression motion, all of which rendered the span of time reasonable and properly tolled his speedy trial clock. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: June 23, 2023, Case #: 2023-Ohio-2079, Categories: Drug Offender, speedy Trial, Human Trafficking
J. Bethel finds that the trial court properly convicted defendant of murder, possession of a firearm during the commission of a felony, possession of marijuana with intent to distribute and other offenses. Any error the trial court committed in admitting statements made by the victim as dying declarations identifying defendant as the shooter was harmless. There was evidence showing that the victim believed his death to be imminent when he first identified the shooters, including evidence that the victim was almost completely paralyzed and was aware of the seriousness of his condition. The trial court correctly denied defendant's motion to dismiss the indictment for want of a speedy trial due to a 30-month delay. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: June 21, 2023, Case #: S23A0135, Categories: Murder, speedy Trial
J. Duffy finds a lower court did not err in dismissing several motions brought by defendant after he was permitted to withdraw a years-old plea relating to possession and manufacture of child pornography. After being allowed to withdraw that plea, defendant moved to dismiss charges against him on the grounds that they violated his right to a speedy trial, but such constitutional protections do not apply once a defendant has already pleaded or been found guilty. Affirmed.
Court: New Mexico Court of Appeals, Judge: Duffy, Filed On: June 13, 2023, Case #: A-1-CA-40005, Categories: Plea, speedy Trial, Child Pornography
J. Baker finds that the district court employed its "conscientious judgment" in determining that defendant had regained competence and that criminal proceedings against him for hijacking a bus could resume. He was only required to appreciate the criminality of his actions in order to be sentenced, not to show he was fit to stand trial. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: June 13, 2023, Case #: DA 21-0196, Categories: Competence, Assault, speedy Trial
J. McKinnon finds that the trial court properly denied defendant's speedy trial claims in a burglary trial. Much of the 573-day delay was attributable to his late request for new counsel and his late filing of a motion to dismiss, while delays from the Covid-19 pandemic added 100 days. However, the trial court relied on incorrect information when it classified him as a registered violent offender for sentencing. Reversed in part.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: May 30, 2023, Case #: DA 21-0381, Categories: Burglary, Sentencing, speedy Trial
J. Agee finds the lower court properly denied the defendant's motion for acquittal. The government showed sufficient evidence of the defendant, convicted of 13 robberies, using a firearm because he had a matching bullet in his pocket at the time of his arrest despite no fingerprints. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: May 23, 2023, Case #: 21-4438, Categories: Firearms, Robbery, speedy Trial
J. Wollenberg finds a trial court may not toll the “speedy trial clock” over defendant’s objection. “Alaska Criminal Rule 45(d)(2) requires the consent of both defense counsel and the defendant in order to exclude from the speedy trial calculation the period of delay attributable to a defense request for a continuance.”
Court: Alaska Court Of Appeals, Judge: Wollenberg, Filed On: May 19, 2023, Case #: A-13508, Categories: speedy Trial