Sunday, June 21, 2009

26-Year Delay In Prosecution Violates Defendant's Right To Speedy Trial

In 1981, Mirenda was charged with attempted murder. In 1982, he was arrested in Pennsylvania. Although he waived extradition, the DA declined to prosecute because he couldn't locate the victim. In 2007, defendant returned to California and notified the authorities. The victim having been located, the DA tried to prosecute. The trial court held that the defendant's speedy trial right had been violated and--not surprisingly--the Court of Appeal affirmed, in People v. Mirenda (here). There was no justification for the delay and the defendant made a reasonable showing of prejudice.

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