What is the balancing test for determining whether a defendant has a right to a speedy trial?
California, United States of America
The following excerpt is from People v. Landau, G042008 (Cal. App. 2013):
Neither did it result in a due process violation using the Barker test. As the court stated in Barker v. Wingo, supra, 407 U.S. 514, "A balancing test necessarily compels courts to approach speedy trial cases on an ad hoc basis." (Id. at p. 530.) In other words, there is no algebraic formula. The court must use its informed judgment in assigning the weight to be allocated to each factor considered in a given case.
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