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Speedy Trial Violations Doom Pot Prosecution

By Jonathan Byrne

US v. Henry: The Henrys (husband and wife) were indicted on multiple charges related to growing marijuana on November 3, 2004. A trial date was originally set on July 7, 2005, but both parties requested a continuance, noting that the Henrys had already prospectively waived their speedy trial rights. The motion was granted and proceedings continued until March 24, 2006, when the court learned that plea negotiations had broken down. Trial was set for July 5, 2006. At the March 24 hearing, Mr. Henry complained that the case had "dragged on for two years." Before the trial date rolled around, the Supreme Court handed down Zedner, in which it held that defendants could not prospectively waive speedy trial rights.At a pretrial motions hearing on June 27, 2006, the district court brought up the Zedner issue sua sponte...continue to full post

Full post as published by Fourth Circuit Blog on August 20, 2008 (boomark / email).