# Fernandez v. State ex rel. Department of Public Safety

> Court of Civil Appeals of Oklahoma · July 29, 2016 · 389 P.3d 393

URL: https://www.frixlaw.com/law-library/cases/5178308

## Case

- **Full name:** Orlando R. FERNANDEZ v. STATE of Oklahoma ex rel., Department of Public Safety
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** July 29, 2016
- **Citations:** 389 P.3d 393; 2016 OK CIV APP 82; 2016 Okla. Civ. App. LEXIS 50
- **Precedential status:** Published
- **Opinion:** Dissent by Joplin
- **Judges:** Bell, Hetherington, Joplin
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5178308

## Opinion text

JOPLIN, J.,
dissenting:
¶ 1 I respectfully disagree. I believe the majority has incorrectly applied the four factors balancing test in Pierce v. State ex rel. Dep’t. of Pub. Safety, 2014 OK 37 , 327 P.3d 530 . Unlike in Pierce , there is no evidence in the present case of an intentional delay by DPS, nor a motive to delay, which resulted in real prejudice to Appellee. Absent a finding of intentional delay or actual prejudice, a holding that Appellee’s right to a speedy trial was violated actually fails the test required by Pierce in order to affirm the trial court. Therefore, I dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5178308. Public record. Not legal advice.