38. Speedy Trial, 6th Am.

Question Presented: Whether a state’s failure to fund counsel for an indigent defendant for five years, particularly where failure was the direct result of the prosecution’s choice to seek the death penalty, should be weighed against the state for speedy trial purposes? Docket Lower court opinion (State v. Boyer, 56 So.3d 1119 (La. App. 2011) Scotusblog page The… Read more

State v. Richard P. Flehmer, 2012AP534-CR, District 3, 9/18/12 court of appeals decision (1-judge, ineligible for publication); case activity Delay of 29 months (22 of which attributable to state) between filing of complaint and trial, while presumptively prejudicial, didn’t violate 4-factor test for right to speedy trial: ¶15      Balancing all four factors, we conclude Flehmer’s right to a… Read more

seventh circuit court of appeals decision, denying habeas relief in 2008AP2735-CRNM (summary order) Habeas Review – Speedy Trial  Habeas relief denied on speedy trial challenge to 14-month delay between filing of complaint and scheduled start of trial, applying familar 4-part test of Barker v. Wingo, 407 U.S. 514 (1972). Although the first three aspects of the test work… Read more

State v. Dragisa Pavlovic, 2011AP2687-CR, District 2, 8/1/12 court of appeals decision (1-judge, ineligible for publication); case activity Pavlic’s waiver of counsel so that he could represent himself at trial satisfied State v. Klessig, 211 Wis. 2d 194, 564 N.W.2d 716 (1997). ¶8        As a precautionary measure, the trial court granted Pavlovic a Klessig evidentiary hearing.  We conclude the trial court’s… Read more

State v. Daniel W. Kohel, 2010AP1057-CR, District 2, 1/12/11 court of appeals decision (1-judge, not for publication); for Kohel: Andrew Mishlove; case activity; Kohel BiC; State Resp.; Reply Prosecutorial delay, measuring at least 2 years and perhaps longer, in disclosing potentially exculpatory evidence violated Kohel’s right to speedy trial and therefore supports dismissal with prejudice of… Read more