01-0282 State v. Blanck

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“The United States Supreme Court has stated that on its face, the protection of the Sixth Amendment is triggered only when a criminal prosecution has begun and extends only to those persons who have been accused in the course of that prosecution. United States v. Marion, 404 U.S. 307, 313 (1971). These provisions afford no protection to those not yet accused, nor do they require the government to discover, investigate, and accuse any person within any particular period of time. Under no circumstances does the right to a speedy trial arise before there is a charge or arrest, even though the prosecuting authorities had knowledge of the offense long before. …

“While Blanck’s due process rights may have been implicated in the precharging delay, he neither alleges nor proves actual prejudice from or improper motive for the delay. Furthermore, there is no evidence that a retrial would produce a different result in this matter, and the evidentiary rule of “plain error” is inapplicable here. We therefore affirm Blanck’s judgments of conviction.”

Judgment affirmed.

Recommended for publication in the official reports.

Dist II, Waukesha County, Davis, J., Snyder, J.

Attorneys:

For Appellant: Michael J. Backes, Milwaukee

For Respondent: Paul E. Bucher, Waukesha; William C. Wolford, Madison