defendant asserted claim in Tennessee

2015In order to determine whether this right was violated, courts should employ a four-factor “balancing test” that considers: “(1) the length of the delay, (2) the reason for the delay, (3) whether the defendant asserted a claim to his right, 8 and (4) whether the defendant was prejudiced by the delay.” State v. Bishop, 493 S.W.2d 81, 84 (Tenn. 1973) (citing Barker v. Wingo, 407 U.S. 514, 530 (1972)).

2006In State v. Bishop, 493 S.W.2d 81 (Tenn. 1973), our supreme court adopted a four-factor analysis first established in Barker v. Wingo, 407 U.S. 514 (1972), for determining whether one has been denied his entitlement to a speedy trial: (1) the length of the delay; (2) the reason for the delay; (3) whether the defendant asserted a claim to his right; and (4) whether the defendant was prejudiced by the delay. -12- Bishop, 493 S.W.2d at 84 .

2015In order to determine whether this right was violated, courts should employ a four-factor “balancing test” that considers: “(1) the length of the delay, (2) the reason for the delay, (3) whether the defendant asserted a claim to his right, 8 and (4) whether the defendant was prejudiced by the delay.” State v. Bishop, 493 S.W.2d 81, 84 (Tenn. 1973) (citing Barker v. Wingo, 407 U.S. 514, 530 (1972)).

2006In State v. Bishop, 493 S.W.2d 81 (Tenn. 1973), our supreme court adopted a four-factor analysis first established in Barker v. Wingo, 407 U.S. 514 (1972), for determining whether one has been denied his entitlement to a speedy trial: (1) the length of the delay; (2) the reason for the delay; (3) whether the defendant asserted a claim to his right; and (4) whether the defendant was prejudiced by the delay. -12- Bishop, 493 S.W.2d at 84 .

2026The Defendant requested that the trial court instruct the jury, “A ‘report’ is a written or oral statement initiated by a person, not a response to an inquiry by a law enforcement officer.” The Defendant asserted that the instruction was warranted by State v. Levandowski, in which the defendant was charged and convicted of making a false report for lying to a police officer who had come to her home to investigate a report of suspected child abuse. 955 S.W.2d 603, 604 (Tenn. 1997).

2022Generally, “[i]f matters outside the pleadings are presented in conjunction with a [Rule 12 motion] . . . and the trial court does not exclude those matters, the court must treat such motions as motions for summary judgment . . . .” Patton v. Est. of Upchurch, 242 S.W.3d 781, 786 (Tenn. Ct. App. 2007).

2000Utley, 956 S.W.2d at 492 (citing Barker v. Wingo, 407 U.S. 514, 530 , 92 S. Ct. 2182, 2192 (1972)); see also State v. Vickers, 985 S.W.2d 1, 5 (Tenn. Crim.