Jenkins v. State

DISSENTING OPINION

BILL VANCE, Justice.

Jenkins’s third issue complains of the court’s denial of his motion to dismiss for failure to provide a speedy trial, in violation of the Sixth and Fourteenth Amendments. See Barker v. Wingo, 407 U.S. 514, 515, 530, 92 S.Ct. 2182, 2192, 33 L.Ed.2d 101 (1972). 1 With little analysis, the majority overrules the issue. Believing that a correct analysis of the Barker factors yields a different result, I respectfully dissent.

The right to a speedy trial was designed: (1) to prevent oppressive pretrial incarceration; (2) to minimize anxiety and concern of the…