# Ellis v. State

> Court of Criminal Appeals of Oklahoma · October 24, 2003 · 76 P.3d 1131

URL: https://www.frixlaw.com/law-library/cases/9788752

## Case

- **Full name:** Antonio Garcia ELLIS, Appellant, v. the STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** October 24, 2003
- **Citations:** 76 P.3d 1131; 2003 OK CR 18; 2003 WL 22064052
- **Precedential status:** Published
- **Opinion:** Dissent by Strubhar
- **Judges:** Lumpkin, Johnson, Lile, Chapel, Strubhar
- **Cited by:** 8 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/9788752

## How later opinions describe it (automated extraction)

- finding delay attributable to defendant's interlocutory appeal "ordinarily will not weigh in favor of a defendant's speedy trial claims."

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9788752. Public record. Not legal advice.