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Bacause Defendant Was Already Incarcerated, No Relief for Speedy Trial Violation

By Shari Allison

U.S. v. Hill, 2008 WL 3861201 (8/20/08) (unpub'd) - In a divided decision, the 10th rejects Speedy Trial Act and speedy trial right claims. There is no provision in the Act for dismissal of an indictment when, as occurred here, the government violates its obligations under 18 U.S.C. § 3161(j) to bring a defendant to trial promptly when the defendant is incarcerated on another charge and demands a speedy trial. The 10th does not suggest any remedy for the violation. The 10th essentially finds all four Barker v. Wingo factors in the defendant's favor: the delay was 18 months, the delay was due to the government's negligence, the defendant asserted his speedy trial right, and the defendant ended up in a more severe custody situation because BOP was told a detainer would be filed against him due to the charges...continue to full post

Full post as published by Tenth Circuit Blog on August 26, 2008 (boomark / email).