Legal Opinion · Concurrence

James Robert Rowsey v. State of Mississippi

Mississippi Supreme Court

Decided December 3, 2015No. 2014-KA-00501-SCTPublished

1Concurrence

PIERCE,'Justice,

concurring in result only:

¶ 69. Because-Rowsey faded to seek a speedy-trial determination in the trial court, I would hold that his speedy-trial claim on appeal is subject to plain-error review. As this Court held in Dora v. State, 986 So.2d 917 (Miss.2008), when speedy-trial rights (whether constitutional or statutory) .are raised for the first time on appeal, this Court can decide the issue only if we view it as plain error. See id. at 924-25 (citing Sanders v. State, 678 So.2d 663, 670 (Miss.1996)).

¶ 70. I agree with the majority that this Court wrongly employed the use of…

2Cases cited21 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Beavers v. HaubertSupreme Court of the United States · 1905
  5. United States v. Lupe GomezCourt of Appeals for the Tenth Circuit · 1995

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