What is the test for a defendant's speedy trial under the federal and state constitutions?

California, United States of America


The following excerpt is from People v. Gray, F068827 (Cal. App. 2015):

One distinction between a defendant's speedy trial under the federal and state Constitutions is the point at which the right attaches. Under the Sixth Amendment of the federal Constitution, the right to a speedy trial attaches upon the filing of either a formal indictment or information, or when the defendant is arrested. (United States v. Marion (1971) 404 U.S. 307, 320.) Whereas, under the state Constitution, the filing of a felony complaint will trigger speedy trial protection. (People v. Martinez (2000) 22 Cal.4th 750,

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754.) Further, under the federal test, prejudice is presumed if the delay is "uncommonly long." (Doggett v. United States, supra, 505 U.S. at p. 651.)

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