Hubert M. Morris v. D. W. Wyrick, Warden

How courts have described this case

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

• observing that “[a]nxiety and concern of the accused are undoubtedly present to some degree in every case”
• observing that, when the record does not reflect any reason for delay, this factor will be weighed against the State
• explaining that anxiety and concern do not establish prejudice, where “the defendant neither asserts nor shows that the delay weighed particularly heavily on him in specific instances”
• stating that where the record does not demonstrate reason for the delay and the state has provided no reasonable explanation, the court will \assume that there is no justifiable reason and weigh this factor heavily against the state\
• stating that where the record does not demonstrate reason for the delay and the state has provided no reasonable explanation, the court will “assume that there is no justifiable reason and weigh this factor heavily against the state”
• assuming on a record that did not reveal the reason for the delay that there was no justifiable reason and, accordingly, weighing that delay heavily against the state

Source: CourtListener parenthetical corpus (CC0).