· 1/3/2024
Boondock Motors NOV Appeal - Decision on Merits
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that incarceration for a “reasonable period of time” due to incompetency would negate speedy-trial claims, but noting that in some circumstances, an incompetent defendant could be “held more than the reasonable period of time” (quotations omitted)
- stating defendant hospitalized for three years 26 but reevaluated twice by court during that period
- finding four-year delay to be “presumptively prejudicial” even where reason for delay was defendant’s incompetence
- notwithstanding prisoner allegations of violation of state’s speedy trial statute, federal court may consider only violation of federal constitutional right to speedy trial
- “The incarceration for a reasonable period of time because of established incompetency to stand trial would thus appear to be a sufficient answer to any speedy trial claim.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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