Dews v. Appellate Division of the Superior Court

Opinion

NEEDHAM, J.

Petitioner Keith Laroy Dews seeks a writ of mandate to compel the dismissal of misdemeanor charges against him, arguing the 19-month delay between the issuance of an arrest warrant on the criminal complaint and the date of his arraignment violated his right to a speedy trial under the Sixth Amendment to the United States Constitution. The People agree the 19-month delay was presumptively prejudicial, and urge us to return the case to the trial court for a balancing of the factors articulated in Barker v. Wingo (1972) 407 U.S. 514, 530 [33 L.Ed.2d 101, 92 S.Ct. 2182]…