Legal Opinion

State v. Spearman

New Mexico Supreme Court

Decided July 19, 2012No. Docket 32,800PublishedCited by 58 opinions

1Opinion of the Court

OPINION

BOSSON, Justice.

{1} Speedy trial analysis under the United States Constitution requires a balancing and weighing of several factors, including the length of delay, the cause of the delay, timely assertion of the right, and prejudice to the accused. When, as here, one of those factors — in this case the cause of the delay — weighs heavily against the State based on its own dilatory and deceptive conduct in prosecuting the case, the district court justly may dismiss the charges even though the remaining factors favor the accused only slightly. The district court did so in this instance,…

2Cases cited11 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. United States v. MarionSupreme Court of the United States · 1971
  3. Doggett v. United StatesSupreme Court of the United States · 1992
  4. United States v. MacDonaldSupreme Court of the United States · 1982
  5. State v. GarzaNew Mexico Supreme Court · 2009

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3Cited by58 opinions

  1. State v. Vigil-GironNew Mexico Court of Appeals · 2014
  2. State v. SamoraNew Mexico Supreme Court · 2016
  3. State v. SerrosNew Mexico Supreme Court · 2015
  4. State v. SamoraNew Mexico Supreme Court · 2013
  5. State v. CollierNew Mexico Supreme Court · 2013

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

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