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37. Speedy Trial, 6th Am.

State v. Thomas A. Jahnke, 2013AP1576-CR, District 1, 12/27/13; court of appeals decision (1-judge; ineligible for publication); case activity Whether a defendant’s Sixth Amendment right to a speedy trial has been violated depends on: the length of the delay; the reason for the delay; the defendant’s timely assertion of the speedy-trial right; and prejudice to the… Read More

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State v. Malcolm A. Butler, 2014 WI App 4; case activity The 120-day deadline for trying a case under the Intrastate Detainer Act, § 971.11(2), is explicitly “subject to” the speedy trial statute, § 971.10; thus, the Intrastate Detainer Act incorporates the provision of the speedy trial statute that allows for continuances for good cause, § 971.10(3)(a), and… Read More

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State v. Michael T. O’Haver, 2011Ap2930-CR, District 2/4, 6/20/13; court of appeals decision (not recommended for publication); case activity Change of venue The circuit court did not erroneously exercise its discretion in denying O’Haver’s motion to change venue, applying State v. Albrecht, 184 Wis. 2d 287, 306, 516 N.W.2d 776 (Ct. App. 1994). There were… Read More

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State v. Michael Lock, 2013 WI App 80; case activity Multiplicity — conviction for conspiracy and for completed crime under  § 939.72(2) Lock was convicted of conspiracy to solicit prostitutes and conspiracy to pander between 1998 and 2003. Based on conduct in four specific months in 2002, he was also convicted of four counts of soliciting prostitutes… Read More

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Jonathan Edward Boyer v. Louisiana, USSC 11-9953, 4/29/13 United States Supreme Court order and opinions, dismissing, as improvidently granted, the writ of certiorari to review State v. Boyer, 56 So. 3d 1119 (La. Ct. App. 2011). As explained in our post on the grant of certiorari, the issue was whether and how the state’s failure… Read More

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Question Presented: Whether a state’s failure to fund counsel for an indigent defendant for five years, particularly where failure was the direct result of the prosecution’s choice to seek the death penalty, should be weighed against the state for speedy trial purposes? Docket Lower court opinion (State v. Boyer, 56 So.3d 1119 (La. App. 2011) Scotusblog page The… Read More

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Speedy Trial

State v. Richard P. Flehmer, 2012AP534-CR, District 3, 9/18/12 court of appeals decision (1-judge, ineligible for publication); case activity Delay of 29 months (22 of which attributable to state) between filing of complaint and trial, while presumptively prejudicial, didn’t violate 4-factor test for right to speedy trial: ¶15      Balancing all four factors, we conclude Flehmer’s right to a… Read More

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Albert West v. Symdon, 7th Cir No. 11-1172

seventh circuit court of appeals decision, denying habeas relief in 2008AP2735-CRNM (summary order) Habeas Review – Speedy Trial  Habeas relief denied on speedy trial challenge to 14-month delay between filing of complaint and scheduled start of trial, applying familar 4-part test of Barker v. Wingo, 407 U.S. 514 (1972). Although the first three aspects of the test work… Read More

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