California Court of Appeal

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Dews v. Superior Court (People), A139102

A petition for a writ of mandate to compel the dismissal of misdemeanor charges against petitioner is granted only insofar as the matter should be remanded for the trial court to reconsider petitioner's speedy trial claim in light of the factors articulated in Barker v. Wingo (1972) 407 U.S. 514, 530, where: 1) the trial court should have expressly weighed the Barker factors, and the appellate division of the superior court abused its discretion in denying his petition for writ of mandate; but 2) the lack of justification offered by the prosecution for the 19 month delay between the issuance of an arrest warrant and the date of arraignment does not automatically entitle petitioner to dismissal.

Appellate Information

  • Decided 01/30/2014
  • Published 01/30/2014

Judges

  • NEEDHAM

Court

  • California Court of Appeal

Counsel