finding delay attributable to defendant's interlocutory appeal "ordinarily will not weigh in favor of a defendant's speedy trial claims."
How later courts described this case
- finding delay attributable to defendant's interlocutory appeal "ordinarily will not weigh in favor of a defendant's speedy trial claims."
Written by the judges who cited it.
The opinion
STRUBHAR, J.,
dissenting.
1 I find merit in Appellant's claim presented in proposition one. When one considers the four factors set forth in Barker v. Wingo, 407 U.S. 514, 580 , 92 S.Ct. 2182, 2192 , 33 L.Ed.2d 101 (1972), I find a substantial violation of the constitutional right to a speedy trial, The only remedy is that this case be reversed with instructions to dismiss.