Brady v. State

On June 23, 1980, the Court of Appeals reversed our September Term, 1978 unreported opinion, No. 1226, wherein we had affirmed the conviction of Willie Frederick Brady. The reversal appears to have been predicated upon our "refusing to apply the normal balancing test triggered by the presumption of prejudice,” and substituting therefore a "single factor” approach. Brady v. State, 288 Md. 61, 69 (1980), Sl. Op. at 9.

The case was remanded for us to apply the balancing test of Barker v. Wingo, 407 U.S. 514 (1972). We are perplexed in that we thought we had. The length of delay we had found to be…