Work v. State

OPINION

MONTGOMERY, Justice.

We granted certiorari to consider this case in connection with the then pending case of Zurla v. State. We recently decided Zurla, 109 N.M. 640, 789 P.2d 588 (1990), holding that in the circumstances of that criminal case the defendant’s right to a speedy trial was violated. We now reach the same result in this case and take the opportunity it affords to explain one of the aspects of our decision in Zurla: the function of the presumption of prejudice arising from a finding that there has been a lengthy delay in bringing the defendant to trial.

I

Defendant John Work…