Legal Opinion

State v. Mascarenas

New Mexico Court of Appeals

Decided July 28, 1972No. 887PublishedCited by 47 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

The dispositive issue involves the constitutional right to a speedy trial. N. M.Const. Art. II, § 14. Whether this right has been denied depends on the reasonableness of the particular delay. Dickey v. Florida, 398 U.S. 30, 90 S.Ct. 1564, 26 L. Ed.2d 26 (1970), concurring opinion of Justice Brennan. In judging reasonableness, this court has looked to four factors: length of the delay; the reason for it; prejudice to the defendant; and waiver by the accused of the right. State v. Baca, 82 N.M. 144, 477 P.2d 320 (Ct.App.1970); compare Dickey v. Florida, concurring…

Also in this document: Concurrence.

2Cases cited11 opinions

  1. Dickey v. FloridaSupreme Court of the United States · 1970
  2. State Ex Rel. Delgado v. StanleyNew Mexico Supreme Court · 1972
  3. State v. GutierrezNew Mexico Court of Appeals · 1967
  4. State v. CrumpNew Mexico Supreme Court · 1971
  5. Raburn v. NashNew Mexico Supreme Court · 1967

6 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. State v. BoeglinNew Mexico Court of Appeals · 1983
  2. Zurla v. StateNew Mexico Supreme Court · 1990
  3. State v. GroganNew Mexico Supreme Court · 2007
  4. State v. RotherhamNew Mexico Supreme Court · 1996
  5. State v. GrissomNew Mexico Court of Appeals · 1987

42 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API