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| The question isn't when the State knew about the case, but when the defendant was arrested or indicted for it. The Sixth Amendment only comes into play when someone is "accused". ("In all criminal prosecutions, the accused shall have the right to a speedy and public trial.") Until there's an arrest or an indictment, then you don't have a right to a speedy trial. See US v. Marion, 404 US 307, 313 (1971). In order to get a speedy trial consideration at all, the defendant has to pass the "triggering factor" of a presumptively prejudicial delay, which is counted from the arrest or indictment. Doggett v. US, 505 US 647, 652 (1992). So since he was never arrested or indicted on your case, I don't think you have a speedy trial worry. |
| Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004 |
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