Court of Criminal Appeals of Texas· 6/25/2014

Gonzales v. State

Citations

435 S.W.3d 801
2014 Tex. Crim. App. LEXIS 915
2014 WL 2865856

How courts have described this case

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

holding that State’s unexplained six-year delay when it knew defendant’s location, yet negligently failed to contact him, compounded defendant’s presumptive prejudice over time
holding that where a presumption of prejudice is established the State must persuasively rebut the presumption
recognizing that the right to a speedy trial is made applicable to state criminal prosecutions by the Due Process Clause of the Fourteenth Amendment
concluding that a six-year delay “was more than adequate to find presumptive prejudice and trigger a full Barker analysis” and that “this factor—in and of itself—weighs heavily against the State”
concluding that due to delay of six years between indictment and defendant’s arrest, prejudice to defendant’s ability to defend himself was presumed, and burden shifted to State to persuasively rebut presumption, which State was unable to do
reiterating that statements of counsel on record may be considered as evidence only when he is speaking based on first-hand knowledge

Source: CourtListener parenthetical corpus (CC0).

Judges: Hervey, Keller, Meyers, Price, Womack, Johnson, Keasler, Cochran, Alcala

Read full opinion on CourtListener

Cited by

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

Cites

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

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