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Article • April 15, 2025 • from CLN May, 2025
Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals by David Reutter by David M. Reutter The Court of Criminal Appeals of Texas held that a deferred disposition or adjudication is …
Article • December 1, 2024 • from CLN December, 2024
Indiana Supreme Court: Defendant Entitled to Discharge by Showing No Court ‘Congestion’ After Trial Court’s Unexplained Denial of Speedy Trial Motion by Sam Rutherford by Sam Rutherford The Supreme Court of Indiana held that a trial court’s failure to explain the basis for its denial of a defendant’s motion for …
New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock by Matthew Clarke by Matt Clarke The New York Court of Appeals held that the prosecution’s failure to …
New York Court of Appeals: Dismissal Required Where Prosecution Failed to Explain Repeated Requests for Post-Readiness Adjournment by Sam Rutherford by Sam Rutherford   The Court of Appeals of New York, the state’s highest court, held that the People violated a defendant’s statutory right to a speedy trial by filing …
Article • March 15, 2022 • from CLN April, 2022
California Court of Appeal Announces Suffering From a Nonqualifying Mental Disorder While Also Suffering From a Qualifying Disorder Does Not Bar Eligibility for Mental Health Diversion Under § 1001.36 by Anthony Accurso by Anthony W. Accurso The Court of Appeal of California, Fifth Appellate District, vacated a trial court’s decision …
Article • December 15, 2021 • from CLN January, 2022
Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant by David Reutter by David M. Reutter The Supreme Court of Montana held that a defendant’s due process rights were violated by the State’s failure to bring …
Article • September 15, 2021 • from CLN October, 2021
Massachusetts Supreme Court Revisits Lougee and Announces Framework for Determining When Pretrial Detention Prolonged Due to COVID Violates Due Process by Douglas Ankney by Doug Ankney The Supreme Judicial Court of Massachusetts (“SJC”) announced the framework for deciding whether a defendant’s due process rights were violated where the defendant’s pretrial …
Article • February 15, 2021 • from CLN March, 2021
Indiana Supreme Court: Speedy Trial Right Violated After 6.5 Years Without Retrial by Anthony Accurso by Anthony Accurso The Supreme Court of Indiana held that a defendant’s right to a speedy trial was violated where he was made to wait six-and-a-half years before he was retried on a pending 30-year …
Article • January 15, 2021 • from CLN February, 2021
Louisiana Supreme Court Vacates Murder Conviction for Speedy Trial Violation by Dale Chappell by Dale Chappell In a case where state prosecutors delayed retrying a defendant after his conviction was vacated, the Supreme Court of Louisiana held that the State’s delay violated the speedy trial rules and vacated the murder …
Article • June 15, 2020 • from CLN July, 2020
COVID-19 Causing Some Pretrial Detainees to Spend More Time in Jail by Douglas Ankney by Douglas Ankney In New York, persons accused of felonies are brought before a judge who decides whether to impose bail. Then prosecutors must present the evidence before a grand jury within six days and obtain …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Speedy Disposition
Colorado Supreme Court: Defendant Has No Duty to Bring Himself to Trial by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado ruled that Edward Kevin DeGreat had no duty to bring himself to trial and ordered his charges dismissed with prejudice for violation of his right to a …