· 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 CourtListenerSourced 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.