People of Michigan v. Ocie Lee Carswell
329476
| Mich. Ct. App. | Jan 10, 2017Background
- Defendant Carswell was charged with felon-in-possession, possession with intent to deliver marijuana, and two felony-firearm counts after a complaint was filed in May 2013 and he was arrested in January 2015.
- The trial court dismissed the charges, finding defendant’s Sixth Amendment right to a speedy trial had been violated based on the 20-month interval measured from the filing of the complaint to arrest/arraignment.
- The prosecution appealed the dismissal to the Michigan Court of Appeals.
- The Court of Appeals reviewed the speedy-trial issue as a mixed question (facts reviewed for clear error, law reviewed de novo).
- The appellate court determined, as a matter of law, that the constitutional speedy-trial clock runs from arrest or formal accusation, not from the filing of a complaint prior to arrest.
- Because the delay relied on by defendant preceded arrest, it cannot, as a matter of law, establish a Sixth Amendment speedy-trial violation or the resulting presumption of prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant’s Sixth Amendment right to a speedy trial was violated by the 20-month delay measured from complaint filing to arrest | Prosecution: delay did not violate defendant’s rights and dismissal was improper | Carswell: the 20-month delay between complaint/authorized arrest warrant (May 2013) and arrest/arraignment (Jan 2015) violated his speedy-trial rights | Court: Reversed — delay measured from pre-arrest complaint cannot establish a constitutional speedy-trial violation; charges reinstated |
Key Cases Cited
- People v Waclawski, 286 Mich. App. 634 (Mich. Ct. App. 2009) (standard of review for speedy-trial mixed question)
- People v Williams, 475 Mich. 245 (Mich. 2006) (Sixth Amendment speedy-trial right attaches at arrest)
- People v Rivera, 301 Mich. App. 188 (Mich. Ct. App. 2013) (speedy-trial balancing factors and prejudice rules)
- United States v. Marion, 404 U.S. 307 (U.S. 1971) (speedy-trial time runs from arrest or formal accusation)
- Patton v. People, 285 Mich. App. 229 (Mich. Ct. App. 2009) (pre-arrest delay generally cannot form the basis for Sixth Amendment speedy-trial claims)