Legal Opinion
State v. Garza
New Mexico Supreme Court
Decided June 25, 2009No. 30,715PublishedCited by 133 opinions
1Opinion of the Court
OPINION
MAES, Justice.
{1} In this Opinion we review our speedy-trial jurisprudence and abolish the presumption that a defendant’s right to a speedy trial has been violated based solely on the threshold determination that the length of delay is “presumptively prejudicial.” Because Defendant has not shown any particularized prejudice that is cognizable under the constitutional right to a speedy trial and the weight of the other factors in the analysis do not overcome Defendant’s failure to show prejudice, we reverse the judgment of the Court of Appeals and affirm Defendant’s conviction and…
2Cases cited53 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Doggett v. United StatesSupreme Court of the United States · 1992
- Klopfer v. North CarolinaSupreme Court of the United States · 1967
- Smith v. HooeySupreme Court of the United States · 1969
- United States v. Loud HawkSupreme Court of the United States · 1986
48 more not listed; retrieve them via the Exa API.
3Cited by133 opinions
- State v. ArrendondoNew Mexico Supreme Court · 2012
- State v. SpearmanNew Mexico Supreme Court · 2012
- State v. MontoyaNew Mexico Court of Appeals · 2011
- State v. SmithNew Mexico Supreme Court · 2016
- State v. SavedraNew Mexico Supreme Court · 2010
128 more not listed; retrieve them via the Exa API.