Albert West v. Denise Symdon
689 F.3d 749
7th Cir.2012Background
- West was charged June 15, 2005, with sexual assault of a child under 16 in Wisconsin.
- Initial appearance occurred November 5, 2005; jury trial scheduled for August 10, 2006 and then moved to September 18, 2006.
- Damien Robinson, an alleged alibi witness, died on December 11, 2005, before trial.
- Trial was repeatedly adjourned; ultimately began February 19, 2008, with conviction the next day.
- West claimed a 14-month delay violated his Sixth Amendment right to a speedy trial, and the district court denied habeas relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the delay violated the Barker four-factor test | West argues prejudice from delay impermissibly undermines defense. | West contends the delay was prejudicial and the court should dismiss or expedite trial. | No reversible error; delay not prejudicial enough under Barker. |
| Whether alibi witness death prejudiced West | Robinson's death would have aided West’s defense at trial. | State showed other witnesses supported guilt; Robinson’s absence unlikely to change verdict. | Not prejudicial; the state court did not unreasonably apply law. |
| Whether state court unreasonably applied Supreme Court precedent | State court misapplied Barker balancing to West’s specifics. | State court correctly followed Barker and found no prejudice beyond speculative. | State court’s application was reasonable. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (four-factor speedy-trial test)
- Doggett v. United States, 505 U.S. 647 (U.S. 1992) (presumptively prejudicial delay trigger)
- Bell v. Cone, 535 U.S. 685 (U.S. 2002) (unreasonable application of clearly established federal law)
- Hardaway v. Young, 302 F.3d 757 (7th Cir. 2002) (definition of unreasonable application)
- Rittenhouse v. Battles, 263 F.3d 689 (7th Cir. 2001) (standard of review for findings of fact and law)