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· 2/5/2009

Patrice Murphy v. State

Citations

  • 280 S.W.3d 445
  • 2009 Tex. App. LEXIS 800

How courts have described this case

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

  • stating that ―delay which is attributable in whole or in part to the defendant can weigh against the defendant and may even constitute a waiver of a speedy trial claim‖
  • finding minimal prejudice when appellant testified that she had trouble remembering things but did not testify how this might impair her defense
  • minimizing the impact of generalized expressions of anxiety and concern that amount to little more than a nominal showing of prejudice
  • “Filing for a dismissal instead of a speedy trial generally weakens a speedy trial claim because it shows a desire to have no trial instead of a speedy one.”
  • weighing assertion- of-the-right factor against appellant because she “did not assert her right to a speedy trial for a lengthy period of time, and then once she did assert the right it was in the form of a motion to dismiss the charges against her”
  • “Repeated requests for a speedy trial weigh heavily in favor of the defendant, while the failure to make such requests supports an inference that the defendant does not really want a trial, only a dismissal.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gardner, Walker, Holman

Read full opinion on CourtListener

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.