State v. Roberts

CARSON, Judge.

There is, of course, no hard and fast rule to determine when a delay is unreasonable. The leading case of Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.ed. 2d 101 (1972), sets forth four factors to be considered in determining whether the sixth amendment right to a speedy trial has been denied. These tests are (1) the length of the delay (2) the reason for the delay (3) the extent to which the defendant has asserted his right to a speedy trial, and (4) the prejudicial effect of the delay to the *582defendant. The delay in the Barker case was in excess of five years and the U.…