Mainwaring v. State

I agree that more facts and/or more effort are necessary to show a prisoner’s “unavailability.” See Pilgrim v. Swanson, 558 So.2d 176 (Fla. 2d DCA 1990). Otherwise, the right to speedy trial could be too easily thwarted. I also agree that there is no suggestion on this record that such was Orange County’s purpose. We should also be alert that this “thwarting” can go both ways. The record suggests that Mr. Main-waring may have had a hand in Indian River County’s repeated refusal to send him to Orange County so he could be tried.