State v. Osorio

DISSENT

“A defendant has no duty to bring himself to trial....” Barker v. Wingo, 407 U.S. 514, 527, 92 S.Ct 2182, 33 L.Ed.2d 101 (1972). Because the majority undermines this central tenet in its Sixth Amendment analysis, I respectfully dissent.

Both the Sixth Amendment to the United States Constitution and our Minnesota Constitution provide that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” U.S. Const. amend. VI; Minn. Const. art. I, § 6; see State v. DeRosier, 695 N.W.2d 97, 108 (Minn. 2005). The Supreme Court has held that the delay between…