constitutional speedy trial violation (Arizona) · Go Syfert
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constitutional speedy trial violation in Arizona

6 Arizona opinions name it 1 courts 2017–2024 3 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Barker v. Wingogreen
scotus · 1972 · cited in 4 Arizona opinions naming this issue, 2017–2021
2 sentences

2021To determine whether a Sixth Amendment speedy trial violation occurred, we consider “(1) the length of the delay, (2) the reason for the delay, (3) the defendant’s assertion of the right to a speedy trial, and (4) the prejudice to the defendant.” State v. Parker, 231 Ariz. 391, 398, ¶ 9 (2013) (citing Barker v. Wingo, 407 U.S. 514, 530 (1972)).

2020State v. Parker, 231 Ariz. 391 , 398 ¶ 9 (2013) (citing Barker v. Wingo, 407 U.S. 514, 530 (1972)). “[T]he length of the delay is the least important 4 STATE v. COTA Decision of the Court [factor], while the prejudice to defendant is the most significant.” State v. Spreitz, 190 Ariz. 129, 139-40 (1997). ¶12 The State concedes the nearly three-and-a-half-year delay between the original indictment and trial, is “presumptive[ly] prejudice[ial],” triggering Barker.

34
State of Arizona v. Steven John Parkergreen
ariz · 2013 · cited in 2 Arizona opinions naming this issue, 2020–2021
2 sentences

2021To determine whether a Sixth Amendment speedy trial violation occurred, we consider “(1) the length of the delay, (2) the reason for the delay, (3) the defendant’s assertion of the right to a speedy trial, and (4) the prejudice to the defendant.” State v. Parker, 231 Ariz. 391, 398, ¶ 9 (2013) (citing Barker v. Wingo, 407 U.S. 514, 530 (1972)).

2020State v. Parker, 231 Ariz. 391 , 398 ¶ 9 (2013) (citing Barker v. Wingo, 407 U.S. 514, 530 (1972)). “[T]he length of the delay is the least important 4 STATE v. COTA Decision of the Court [factor], while the prejudice to defendant is the most significant.” State v. Spreitz, 190 Ariz. 129, 139-40 (1997). ¶12 The State concedes the nearly three-and-a-half-year delay between the original indictment and trial, is “presumptive[ly] prejudice[ial],” triggering Barker.

12
State v. Spreitzgreen
ariz · 1997 · cited in 2 Arizona opinions naming this issue, 2017–2020
2 sentences

2020State v. Parker, 231 Ariz. 391 , 398 ¶ 9 (2013) (citing Barker v. Wingo, 407 U.S. 514, 530 (1972)). “[T]he length of the delay is the least important 4 STATE v. COTA Decision of the Court [factor], while the prejudice to defendant is the most significant.” State v. Spreitz, 190 Ariz. 129, 139-40 (1997). ¶12 The State concedes the nearly three-and-a-half-year delay between the original indictment and trial, is “presumptive[ly] prejudice[ial],” triggering Barker.

2017Spreitz, 190 Ariz. at 139– 40.

12
State v. Wassenaargreen
arizctapp · 2007 · cited in 1 Arizona opinions naming this issue, 2024–2024
1 sentence

2024See State v. Wassenaar, 215 Ariz. 565, 571, ¶ 18 (App. 2007) (including prejudice as the most important of four factors for a constitutional speedy trial violation).

11
State v. Leegreen
ariz · 1996 · cited in 1 Arizona opinions naming this issue, 2023–2023
1 sentence

2023Berger, 111 Ariz. at 339 ; see also State v. Lee, 185 Ariz. 549, 556 (1996) (“[T]he violation of a procedural rule designed to safeguard a constitutional right is not necessarily the same thing as a violation of the right itself.”).

11
State v. Vaskogreen
arizctapp · 1998 · cited in 1 Arizona opinions naming this issue, 2021–2021
1 sentence

2021But prejudice for Rule 8 purposes requires Day to show “that his defense [was] harmed by the delay,” Vasko, 193 Ariz. at 147, ¶ 22 , and Day has neither alleged nor proven any such harm. ¶12 Day’s assertion of a constitutional speedy trial violation is similarly unavailing.

11
State v. Burkettgreen
arizctapp · 1993 · cited in 1 Arizona opinions naming this issue, 2020–2020
1 sentence

2020Barker v. Wingo, 407 U.S. 514, 530 (1972); see State v. Burkett, 179 Ariz. 109, 114 (App. 1993) (holding that the Barker factors apply equally to a speedy trial claim under the Arizona Constitution).

11
State of Arizona v. Christopher Mathew Paynegreen
ariz · 2013 · cited in 1 Arizona opinions naming this issue, 2020–2020
1 sentence

2020See State v. Payne, 233 Ariz. 484, 509, ¶ 93 (2013). 2 STATE v. TORRANCE Decision of the Court determine whether a constitutional speedy trial violation occurred: (1) length of delay; (2) reason for the delay; (3) whether the defendant demanded a speedy trial; and (4) whether the defendant suffered prejudice from the delay.

11
State v. Lukezicgreen
ariz · 1984 · cited in 1 Arizona opinions naming this issue, 2017–2017
1 sentence

2017When analyzing a potential constitutional speedy trial violation, courts consider “1) the length of the delay; 2) the reason for the delay; 3) whether the defendant has demanded a speedy trial; and 4) the prejudice to the defendant.” State v. Lukezic, 143 Ariz. 60, 69 (1984) (citing Barker v. Wingo, 407 U.S. 514 (1972)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
State Ex Rel. Berger v. Superior Court green
ariz · 1974
1 sentence

2023Berger, 111 Ariz. at 339 ; see also State v. Lee, 185 Ariz. 549, 556 (1996) (“[T]he violation of a procedural rule designed to safeguard a constitutional right is not necessarily the same thing as a violation of the right itself.”).

12023–2023

Where else courts name it

GA 89 (2003–2026) NY 61 (1981–2026) OH 42 (1999–2026) IL 27 (2001–2023) VA 26 (1987–2025) MS 26 (1990–2020) WY 22 (1989–2023) WA 21 (2003–2026) LA 19 (2003–2025) NM 13 (1995–2021) KS 12 (2004–2026) WI 10 (1980–2026) ID 10 (2007–2025) CO 10 (1995–2026) FL 9 (1980–2024) MD 8 (1983–2023) NE 7 (1998–2021) OR 6 (1994–2020) NC 6 (1994–2025) AZ 6 (2017–2024) TX 6 (1984–2015) MT 5 (2003–2018) PA 4 (1990–2025) IN 4 (2004–2020) HI 3 (1980–2018) CA 3 (1997–2012) NV 3 (2019–2024) MA 2 (2008–2017) TN 2 (1986–2016) IA 2 (1977–1999) WV 2 (1980–1980)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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