State v. Thomas

| ^Defendants Patín and Thomas have been in State custody for nearly nine years without a trial.1 Under any circumstance, a delay that is approaching nine years is presumptively prejudicial. In this case, the State’s inexcusable delay and negligence resulted in actual prejudice to Defendants, and therefore, the trial court’s grant of Defendants’ motions to quash must be affirmed. Therefore, I dissent.

| ¡.The Sixth Amendment guarantees that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy ... trial.... ” The United States Supreme Court firmly established that a…