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13 Jan 2009, 6:30 am
At 11 a.m. today, the Court will hear argument in Vermont v. [read post]
17 Sep 2018, 7:11 pm
The Court should have perhaps established a ‘litmus test’ setting out criteria to determine instances when one has been “prejudiced enough” something akin to the balancing test set out in the American case, Baker v Wingo[22]. [read post]
In Peter's Excellent Motion to Dismiss he argued that Barker v Wingo, 407 U.S. 514 (1972) was controlling and that the following factors must be considered:1. length of delay - nearly four years, any time over one year between indictment and arrest is presumptively prejudicial2. reason for the delay - here government negligence to move the case forward and even gained a tactical advantage because the Defendant no longer had possible witnesses available for his defense.3. [read post]