Carter v. State

The majority holds that appellant was not denied his right to speedy trial. From that holding, I respectfully dissent.

Addressing the assertion of the right factor of the Barker v. Wingo1 test, the majority acknowledges that appellant asserted his right to a speedy trial in a timely fashion, indeed, within a few days of his arrest. Without, however, crediting him for the timely assertion, the majority proceeds to find fault, if not explicitly, then implicitly, with his having failed to “immediately complain after the first two postponements of his trial, [although] he did object when his trial…