Speedy Trial Factors: Barker v. Wingo, 407 U.S. 514, 530 (1972)

First must show interval between accusation and trial is "presumptively prejudicial" (lower courts draw line at 1 year) Doggett v. United States, 505 U.S. 647, 651-652 (1992)

It is either a formal indictment or information or else the actual restraints imposed by arrest and holding to answer a criminal charge that engage the speedy trial provision of the Sixth Amendment. United States v. Marion, 404 U.S. 307, 320 (1971)

-         Length of delay

o       Greater length allowed for more complex cases

o       length of delay, in and of itself, is not a weighty factor (Glover below)

-         the reason for the delay

-         the defendant's assertion of his right

o       failure to assert the right will make it difficult for a defendant

-         prejudice to the defendant.

o       Presumptive prejudice where time excessive

o       Actual prejudice weighed by interests protected

§         to prevent oppressive pretrial incarceration

§         to minimize anxiety and concern of the accused

§         to limit the possibility that the defense will be impaired

Barker standards applied in MD. Glover v. State, 368 Md. 211, 221 (2002)

Violation of Speedy Trial

(Note that these are all for defendants who had already been convicted in another jurisdiction, not ones that were awaiting trial)

D arrested on B&E in Ann Arundel, received letter that charges were dismissed, subsequently indicted by grand jury. Picked up on other charges in Balt and served 6 months. Detainer on him, speedy trial dismissal ordered. AA prosecution could have been instituted while Brady was confined at Baltimore City Jail.

Brady v. State, 291 Md. 261, 267-268 (1981)

 

D in Kansas federal prison. Texas Supreme Court has held that because petitioner is confined in a federal prison, the State is totally absolved from any duty. We cannot agree. Upon the petitioner's demand, Texas had a constitutional duty to make a diligent, good-faith effort to bring him before the Harris County court for trial.
Smith v. Hooey, 393 U.S. 374, 377 (1969)

 

From July 1, 1960, to September 2, 1960, Dickey remained in Florida Jail on federal charges. The County Sheriff's Office knew of his whereabouts but made no effort to gain custody for the purpose of trial. State had a duty to make a diligent and good-faith effort to secure the presence of the accused from the custodial jurisdiction and afford him a trial.
Dickey v. Florida, 398 U.S. 30, 32 (1970)

 

Not a violation of Speedy Trial:

Undoubtedly a defendant is entitled to a speedy trial… but suppose he is charged with more than one crime, to which does the right attach? He cannot be tried for all at the same time, and his rights must be considered with regard to the practical administration of justice… The right of a speedy trial is necessarily relative. It is consistent with delays and depends upon circumstances. It secures rights to a defendant. It does not preclude the rights of public justice. It cannot be claimed for one offense and prevent arrest for other offenses; and removal proceedings are but process for arrest -- means of bringing a defendant to trial. Beavers v. Haubert, 198 U.S. 77, 86-87 (1905)

 

 

4th Circuit cases

We rejected Thomas's argument that the complaint, warrant and detainer activated the requirements of the Speedy Trial Act, finding that, HN5when an individual is lawfully being held to answer to state charges, a "criminal complaint coupled with an unexecuted arrest warrant and a federal detainer" do not trigger the Act. Thomas, 55 F.3d at 148. See also Lee, 818 F.2d at 303 (finding that the Act requires a federal arrest upon a federal charge and rejecting defendant's argument that filing of complaint, arrest [**11]  warrant and detainer on individual being held in state custody on state charges constituted a federal arrest on a federal charge). n6 Accordingly, under the binding precedent of Thomas, the Government's filing of a complaint, serving of an arrest warrant, and lodging of that warrant as a detainer on January 9, while Woolfolk was in state custody answering to state charges, did not activate the provisions of the Speedy Trial Act.
United States v. Woolfolk, 399 F.3d 590, 595 (4th Cir. 2005)

 

The basis for the holding in Thomas and Lee is HN6the notion of dual sovereignty, "which recognizes that 'the federal government is not bound by the actions of state authorities and that successive state and federal prosecutions are constitutionally permissible.'" United States v. Iaquinta, 674 F.2d 260, 264 (4th Cir. 1982) (quoting United States v. Wilson, 657 F.2d 755, 767 (5th Cir. 1981). As another circuit has explained, "one sovereign's actions should not force the other sovereign to proceed with a prosecution before it is ready." United States v. Benitez, 34 F.3d 1489, 1493 n.1 (9th Cir. 1994).

United States v. Woolfolk, 399 F.3d 590, 595 (4th Cir. 2005)

 

 

 

 

MD

 

An arrest warrant was issued against D on June 8, 1982, a detainer was filed with the Division of Correction on June 11, 1982, and the original indictment was filed August 5, 1982. The speedy trial clock began to tick as of June 11, 1982, the date the detainer was filed on the first indictment. Lee v. State, 61 Md. App. 169, 178 (1985) (Detainer was filed when D was already convicted and serving sentence)

 

Before the intervention of arrest or formal charge the Sixth Amendment speedy trial clause is not relevant.
State v. Gee, 298 Md. 565, 568 (Md. 1984)

 

the issuance in itself of an arrest warrant as a prelude to arrest, even though based, as it must be, upon probable cause to believe that the potential arrestee committed the crime, does not suffice to activate the speedy trial right.
State v. Gee, 298 Md. 565, 572 (Md. 1984)

 

"warrant" as used in Lawless referred to another manner, in addition to indictment and information, by which a defendant could be "formally charged" and thus become an "accused." As Hamilton and Jones indicate, this would only occur when the defendant  [**718]  could be tried on the warrant-statement of charges itself
State v. Gee, 298 Md. 565, 576 (Md. 1984)

 

On 3 January 1981, a police officer applied for a statement of charges with respect to Gee. A District Court Commissioner granted the application and filed a "Statement of Charges" whereby Gee was charged with the felony of robbery with a deadly weapon and the misdemeanor of the use of a handgun in the commission of the robbery. At the same time the Commissioner issued a warrant for the arrest of Gee. On 4 February 1981, Gee was arrested on other charges and was incarcerated under the jurisdiction of the Division of Correction. A detainer against Gee was filed on 9 September 1981. A week later Gee requested disposition of that case under the Intrastate Detainer Act. The arrest warrant was served on him on 7 October 1981, and on 2 November an indictment was returned. He was arraigned on 17 November and trial was set for 3 December. Court assumed (did not decide) date was that of detainer, 9 September 1981.

State v. Gee, 298 Md. 565 (Md. 1984)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



United States v. Rendelman, 1992 U.S. App. LEXIS 17316 (4th Cir. 1992)

United States v. Woolfolk, 399 F.3d 590, 595 (4th Cir. 2005)
United States v. Martin, 104 Fed. Appx. 903, 905 (4th Cir. 2004)

United States v. Perry, 1995 U.S. App. LEXIS 2011 (4th Cir. 1995)

 

 

 

prisoner in one state may, through written request, compel the disposition of "any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner" by another state within 180 days after the state prosecutor's office has received that request

State v. Smith, 316 Md. 223, 226 (Md. 1989)