Legal Opinion
People v. Lowe
California Supreme Court
Decided March 29, 2007No. S131879PublishedCited by 13 opinions
1Opinion of the Court
Opinion
KENNARD, J.
The California Constitution guarantees criminal defendants the right to a speedy trial. (Cal. Const., art. I, § 15.) When a violation of that right arises from a delay that occurs “after the filing of a complaint and before arrest or formal accusation by indictment or information ... a defendant seeking dismissal must affirmatively demonstrate prejudice.” (People v. Martinez (2000) 22 Cal.4th 750, 755 [94 Cal.Rptr.2d 381, 996 P.2d 32] (Martinez).)
The prosecution in this case filed criminal charges against defendant, but it did not notify him thereof until he had completed a…
2Cases cited12 opinions
- Smith v. HooeySupreme Court of the United States · 1969
- People v. MartinezCalifornia Supreme Court · 2000
- Serna v. Superior CourtCalifornia Supreme Court · 1985
- United States v. George F. CabralCourt of Appeals for the First Circuit · 1973
- Barker v. Municipal Court of the Salinas Judicial District of Monterey CountyCalifornia Supreme Court · 1966
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. MirendaCalifornia Court of Appeal · 2009
- People v. ContrerasCalifornia Court of Appeal · 2009
- People v. Bona, California Court of Appeal, 5th District2017
- Dews v. Appellate Division of the Superior CourtCalifornia Court of Appeal · 2014
- Bellante v. Superior CourtAppellate Division of the Superior Court of California · 2010
8 more not listed; retrieve them via the Exa API.