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Legal Opinion

People v. Bennett

Michigan Court of Appeals

Decided July 5, 1978No. Docket 27761PublishedCited by 28 opinions

1Opinion of the CourtM. J. Kelly, P. J.

Defendant was charged with first-degree (premeditated) murder, MCL 750.316; MSA 28.548, and convicted in October, 1975 by a Detroit Recorder’s Court jury of manslaughter, MCL 750.321; MSA 28.553. (An earlier prosecution in February, 1973, ended in a mistrial.) A co-defendant, Samuel Daniels, was acquitted. Defendant was sentenced to 5 to 15 years in prison, with 228 days credit for time served and now appeals of right.

Defendant argues that he was denied his right to a speedy trial, US Const, Am VI, Const 1963, art 1, § 20, because of a 32-month delay between the mistrial and retrial. We agree.

2Cases cited10 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. United States v. DinitzSupreme Court of the United States · 1976
  3. Moore v. ArizonaSupreme Court of the United States · 1973
  4. People v. GrimmettMichigan Supreme Court · 1972
  5. People v. ChismMichigan Supreme Court · 1973

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

3Cited by28 opinions

  1. People v. EwingMichigan Court of Appeals · 1980
  2. People v. LowensteinMichigan Court of Appeals · 1982
  3. People v. DavisMichigan Court of Appeals · 1983
  4. People v. FarmerMichigan Court of Appeals · 1983
  5. People v. BaileyMichigan Court of Appeals · 1980

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

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