129 So. 3d 1217
La.2013Background
- Offenses occurred June 12, 2008; defendants Mathews, Myles, Stewart, Kaiser charged July 3, 2008.
- State nolle prosequied the case April 16, 2009; charges reinstituted September 22, 2010.
- Defendants moved to quash February 4, 2011; trial court granted October 21, 2011.
- Court of appeal held no statutory time bar but found a speed y trial violation; held delay presumptively prejudicial.
- Supreme Court reversed, finding Barker factors not satisfied; 17-month gap excluded from delay; no presumptive prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statutory time limits bar trial | State | Defendants | Statutory limits not violated |
| Whether constitutional speedy trial rights were violated | State | Myles et al. | Not violated |
| Role of 17-month gap in delay calculation | State | Defendants | Seventeen months excluded; not counted toward delay |
| Whether Barker v. Wingo factors show presumptive prejudice | State | Myles et al. | Delay not presumptively prejudicial; no further Barker analysis required |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (four-factor speedy trial test)
- United States v. Loud Hawk, 474 U.S. 302 (1986) (exclude non-incarceration time from delay when no indictment outstanding)
- United States v. MacDonald, 456 U.S. 1 (1982) (when not incarcerated, certain time not counted toward Speedy Trial Act)
- United States v. Manon, 404 U.S. 307 (1971) (injury of time restraints affects speedy protections)