Supreme Court of California

A defendant claiming a speedy trial violation under the California Constitution must show that the delay has impaired the ability to defend against the charged crime because, for instance, a witness has become unavailable, evidence has disappeared, or the memory of a potential witness has faded. If the defense makes that initial showing, the trial court may then consider the defendant's loss of an opportunity to serve a concurrent sentence in weighing all of the prejudice to the defendant against the prosecution's justification for the delay.

Appellate Information

• Decided 03/29/2007
• Published 03/29/2007

Judges

• KENNARD, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• George W. Kennedy, District Attorney, Neal Kimball, Joseph Thibodeaux and Marilyn Masciarelli, Deputy District Attorneys, for Plaintiff and Appellant.


• For Appellees:
  
• Jose R. Villarreal and Mary J. Greenwood, Public Defenders, and Brian J. Matthews, Deputy Public Defender, for Defendant and Respondent., Michael P. Judge, Public Defender (Los Angeles) and John Hamilton Scott, Deputy Public Defender, as Amici Curiae on behalf of Defendant and Respondent.