Criminal – Constitutional Error – Pretrial Delay

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7^th Circuit Court of Appeals

Case No.: 14-1836

Case Name: Chester O’Quinn V. Tom Spiller

Officials: FLAUM, KANNE, and SYKES, Circuit Judges.

Pertinent Practice Areas: Criminal – Constitutional Error – Pretrial Delay

Delays caused by counsel for Appellant attributed to appellant, not the court. Delay did not prejudice appellant.

“O’Quinn argues that his case falls somewhere in the middle of this spectrum because the State was negligent in allowing the 28 continuances. This argument overlooks the basic principle that the actions and decisions of defense counsel are attributable to the defendant, see Brillon, 556 U.S. at 92, and in O’Quinn’s case almost all of the delay resulted from continuances requested by his own lawyer. O’Quinn apparently disagreed with his attorney’s continuance re‐ quests, but that doesn’t transfer the responsibility for the de‐ lay to the State. Unless the State is responsible for the delay in bringing the defendant to trial, there can be no speedy‐ trial violation. Id. at 93–94.

Affirmed

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