Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: GulliverSwift

It means his "right to a speedy trial" was violated, not a statute of limitations case.


9 posted on 10/01/2004 9:01:00 AM PDT by Chad Fairbanks (How do you ask a hamster to be the last hamster to die for a mistake?)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Chad Fairbanks

You are correct!

Not a lawyer, but had to do legal preps in the past - including writing and processing charges.

There are 2 different time clocks. One is from date that the incident occurred - statute of limitations.

2nd is speedy trial which varies by state and federal - but is typically (and I'm reaching in memory land here) about 30-60 days from the time the charges are first proferred until the first court appearance on those charges.

I do believe that the charges can be retracted and refiled - this restarts his defense preparation clock - but if he has multiple death penalties I imagine it will be easier to "close his case". TMK

In addition, I imagine this is in another jurisdiction where the case is still open, provides closure to the family involved, and should any appeals be filed later will make any attempts to release him that much more difficult. IMHO


14 posted on 10/01/2004 9:12:24 AM PDT by reed13
[ Post Reply | Private Reply | To 9 | View Replies ]

To: Chad Fairbanks
"It means his "right to a speedy trial" was violated, not a statute of limitations case."

Do you know for a fact that he did not waive his right to a speedy trial?

34 posted on 10/01/2004 10:57:56 AM PDT by Spunky ("Everyone has a freedom of choice, but not of consequences.")
[ Post Reply | Private Reply | To 9 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson