What is the test for determining whether a defendant has been denied a right to a speedy trial?
California, United States of America
The following excerpt is from Bellante v. The Superior Court Of Kern County, No. KM019112A, NO. S-1500-AP-721 (Cal. App. 2010):
"Pursuant to Barker v. Wingo[, supra,] 407 U.S. 514, 530 [92 S.Ct. 2182, 2192, 33 L.Ed.2d 101], the presumptively prejudicial length of delay operates as a 'triggering mechanism' which necessitates inquiry into other factors. All of the factors must be balanced in order to determine whether or not there was a violation of respondent's federal right to a speedy trial. In addition to the length of the delay, the other factors which must be weighed by the trial court are: (1) the reason for the delay; (2) the defendant's assertion of his right to a speedy trial; and (3) actual prejudice to the defendant. (Ibid.) The foregoing factors are related and must be
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considered together with such other circumstances as may be relevant. {Id. at p. 533 [92 S.Ct. at p. 2193].)"
{People v. Alvarado, supra, 60 Cal.App.4th at p. Supp. 4.)
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