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Berry v. State

Citations

  • 2004 WY 81
  • 93 P.3d 222
  • 2004 Wyo. LEXIS 106
  • 2004 WL 1514968

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding a violation of speedy trial, in part, because appellant was incarcerated for 720 days prior to trial
  • weighing the third factor heavily in Mr. Berry’s favor because he asserted his speedy trial right on eight separate occasions over two years
  • finding incarceration for 720 days “necessarily impacted his employment opportunities, financial resources and association” thus weighing heavily in defendant’s favor
  • “[W]hen the delay is so protracted as to be presumptively prejudicial, inquiry into the other factors is required.”
  • date of original arrest is controlling, though usually the time between dismissal and recharging is excluded; here it is not excluded because defendant was retained in custody
  • “We review speedy trial claims to ensure that the mandates of W.R.Cr.P. 48 and constitutional guarantees have been met.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hill, Golden, Lehman, Kite, Voigt

Read full opinion on CourtListener

Cited by

45 cases in this archive cite this case; the 20 most cited are listed.

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.