Jerry Allen Arnold v. D. J. McCarthy Superintendent, California Men's Colony

JAMES M. CARTER, Circuit Judge:

This is an appeal by the State of California represented by D. J. McCarthy, Superintendent of the California Men’s Colony, *1380from Jerry Allen Arnold’s successful plea in the district court for a Writ of Habeas Corpus. Appellant argues that neither the Due Process Clause generally, nor the speedy trial provisions of the Fifth Amendment were violated by the state’s delay in bringing Arnold to trial for robbery and assault. Arnold contends that because of the length of the delay and the fact that before his second trial a critical witness died he was unduly…