Legal Opinion

State v. McManus

Superior Court of Rhode Island

Decided July 15, 2011No. K3-2010-0512APublished

1Opinion of the Court

DECISION

This matter came before the Court pursuant to Defendant's Motion to Dismiss based upon an alleged violation of his constitutional right to a speedy trial. For the reasons stated herein, Defendant's Motion to Dismiss is DENIED.

I

Facts and Travel

On November 1, 2007, Defendant was arrested by the West Warwick Police Department and charged with refusal to submit to a chemical test, second offense, in violation of G.L. § 31-27-2.1(b)(2) (hereinafter referred to as "the Refusal Statute"). The maximum penalty imposed by the statute is six months imprisonment and is thus classified as a petty…

2Cases cited10 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Doggett v. United StatesSupreme Court of the United States · 1992
  3. State v. OliveiraSupreme Court of Rhode Island · 2008
  4. State v. WheatonSupreme Court of Rhode Island · 1987
  5. State v. DeAngelisSupreme Court of Rhode Island · 1995

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