Criminal Procedure – Right to speedy trial

Listen to this article

U.S. Court of Appeals For the Seventh Circuit

Criminal

Criminal Procedure – Right to speedy trial

The speedy-trial clock does not begin to run upon the filing of a federal complaint and detainer.

“Had the speedy-trial clock begun to run upon the filing of the complaint and detainer, the U.S. Attorney would have been under pressure to indict Richardson forthwith and proceed with all deliberate speed to trial—with the result that Richardson would have been fighting prosecution by two sovereign entities, the State of Indiana and the United States of America, at the same time. If the state decided to take a pass, it would be throwing away its domestic-battery charge, which had no counterpart in the federal case. If the feds took a pass, they would be throwing away gun charges more extensive than those involved in the state prosecution. And had the state and federal prosecutions proceeded simultaneously, Richardson might squawk at having to defend himself in two trials at the same time, while if one trial were delayed he would complain of a speedy-trial violation.”   Affirmed.

14-1901 U.S. v. Richardson

Appeal from the United States District Court for the Southern District of Indiana, Pratt, J., Posner, J.

Full Text