State v. Windish

How courts have described this case

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

• stating that “[a]ssertion of the right to a speedy trial need not be formal or technical” and instead can be “any action whatever that could be construed as the assertion of the speedy trial right”
• adopting the U.S. Supreme Court’s four-part balancing test for analysis of speedy-trial violations
• adopting test established in Barker v. Wingo, 407 U.S. 514, 530 (1972)
• declining to weigh delay caused by defense counsel unavailability against State
• “That a defendant sought a continuance can be weighed under the second prong of the test . . . .”
• “A defendant does not have to affirmatively prove prejudice; rather, prejudice may be suggested by likely harm to a defendant’s case.”

Source: CourtListener parenthetical corpus (CC0).