Kelley v. Commonwealth

Opinion

COLEMAN, J.

In this criminal appeal, we hold that Michael J. Kelley was not denied his Sixth Amendment right to a speedy trial when a delay in prosecuting him that was attributable to the Commonwealth caused the prosecution’s main witness to lack independent recollection at trial of the events surrounding Kelley’s DUI arrest. We base our holding on the fact that Kelley has failed to show that the witness’s lack of independent recollection prejudiced his defense. We also hold that the evidence was sufficient to sustain Kelley’s conviction for DUI.

Early in the morning of November 25,…