Barker V. Wingo Factors

231 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• The United States v. Scott
  850 F.2d 316· 7th Cir.· 1988-06-24 ·cited 4×
  The court held that while a thirteen-month delay in probation revocation is questionable, it does not automatically invalidate the revocation if the defendant did not assert their rights and suffered no prejudice.
• United States v. Otero-Hernandez
  743 F.2d 857· 11th Cir.· 1984-10-09 ·cited 4×
  The court held that delay caused by codefendants is excludable from the speedy trial calculation for a defendant joined in a multi-defendant trial, even if the defendant himself did not cause the delay.
• United States v. Thirteen (13) Mach. Guns & ONE (1) Silencer
  726 F.2d 535· 9th Cir.· 1984-02-22 ·cited 4×
  The court held that the district court must apply the Barker v. Wingo test to determine if delay in instituting judicial forfeiture proceedings violated due process, as the prior ruling was based on outdated circuit law.
• Powers v. White
  680 F.2d 51· 8th Cir.· 1982-06-11 ·cited 4×
  The court held that the appellant failed to establish a constitutional violation of his speedy trial rights, affirming the denial of his habeas corpus petition.
• State v. Daniels
  413 So. 2d 1256· Fla. 5th DCA· 1982-05-12 ·cited 4×
  The court held that a defendant's failure to appear for trial, after the State obtained a continuance due to an essential witness's unavailability, negates the speedy trial rule's applicability and does not warrant discharge.
• United States v. Cuyler
  653 F.2d 828· 3d Cir.· 1981-07-09 ·cited 4×
  The court held that the petitioner's constitutional rights to a speedy trial and confrontation were not violated, affirming the denial of his habeas corpus petition.
• State v. Trimel
  387 So. 2d 528· Fla. 4th DCA· 1980-09-03 ·cited 4×
  Florida's Fourth District Court of Appeal reversed a discharge order based on speedy trial grounds, holding that a defendant's prior waiver of speedy trial rights carries over to a refiled information after nolle prosequi, and the applicable standard is constitutional reasonablen
• United States v. Mitchell
  615 F.2d 1133· 5th Cir.· 1980-04-25 ·cited 4×
  The court held that the defendant's Sixth Amendment right to a speedy trial was not violated.
• United States v. Douglas
  488 F.2d 1331· D.C. Cir.· 1973-11-19 ·cited 4×
  The court held that the record was inadequate to review the speedy trial claim and remanded for supplementation.
• United States v. Dolack
  484 F.2d 528· 10th Cir.· 1973-09-14 ·cited 4×
  The court held that the defendant's Sixth Amendment rights were violated by the delayed appointment of counsel and the denial of investigative assistance, necessitating a reversal.
• Chauncey v. Second Jud. Dist. Court
  474 F.2d 1238· 9th Cir.· 1973-02-26 ·cited 4×
• Prince v. Bailey
  464 F.2d 544· 5th Cir.· 1972-07-19 ·cited 4×
  The appellate court affirmed the dismissal of the habeas corpus petition, but on jurisdictional grounds rather than the merits of the speedy trial claim.
• Crockett v. State
  206 So. 3d 742· Fla. 1st DCA· 2016-09-06 ·cited 2×
  The Florida appellate court reversed the trial court's denial of a defendant's motion to dismiss, finding that an eight-year delay between the filing of charges and prosecution violated the defendant's Sixth Amendment right to a speedy trial. The State failed to lodge a detainer
• Fletcher v. State
  143 So. 3d 469· Fla. 5th DCA· 2014-07-25 ·cited 2×
  Timothy Fletcher appealed the denial of his motion to dismiss on speedy trial grounds after pleading no contest to drug trafficking. The appellate court affirmed, holding that while the 22-month delay between filing the information and arrest was presumptively prejudicial, Fletch
• State v. Polk
  993 So. 2d 581· Fla. 1st DCA· 2008-10-24 ·cited 2×
  The court held that the trial court erred in dismissing the charges based on a constitutional speedy trial violation, as the delay was justified and the defendant did not assert his right or demonstrate prejudice.
• Shalonda Washington v. Hon. Warren Burk
  704 So. 2d 540· Fla. 5th DCA· 1997-01-03 ·cited 2×
  Shalonda Washington sought a writ of prohibition to bar her trial for indirect criminal contempt of violating a domestic violence injunction, arguing the speedy trial rule barred the prosecution because the 90-day period had expired. The court receded from prior precedent and hel
• United States v. Sandoval
  990 F.2d 481· 9th Cir.· 1993-04-02 ·cited 2×
  The court held that the defendant's voluntary disappearance and fugitive status waived his speedy trial right, and the district court did not abuse its discretion in responding to the jury's request to reread testimony.
• United States v. Vassell
  970 F.2d 1162· 2d Cir.· 1992-08-03 ·cited 2×
  The court held that a seven-month delay in a complex case, even if partly to encourage a co-defendant's testimony, does not violate the Sixth Amendment right to a speedy trial if the defendant fails to demonstrate prejudice.
• Heiser v. Ryan
  951 F.2d 559· 3d Cir.· 1991-12-13 ·cited 2×
  The court held that a defendant is entitled to an evidentiary hearing on his habeas petition alleging his guilty plea was involuntary due to counsel's threat to withdraw, and that extreme delays in state court adjudication may violate due process.
• Gov't of the Virgin Islands v. Duberry
  923 F.2d 317· 3d Cir.· 1991-01-22 ·cited 2×
  The court held that the trial commenced within the 70-day period required by the Speedy Trial Act when voir dire began, and that delays caused by pretrial motions for release and detention were excludable, thus affirming the conviction.
• Gutierrez v. Moriarty
  922 F.2d 1464· 10th Cir.· 1991-01-07 ·cited 2×
  The majority's conclusion that the New Mexico procedural bar rule is not adequate for speedy trial claims is incorrect because it misinterprets state case law and presumes state courts are not faithful to their rules.
• Gonzales v. Rivkind
  858 F.2d 657· 11th Cir.· 1988-10-24 ·cited 2×
  The court held that the INS's post-seizure procedures for vehicles suspected of transporting illegal aliens do not violate due process, and that charging seizure-related costs to owners seeking to compromise claims is permissible.
• United States v. Pomeroy
  822 F.2d 718· 8th Cir.· 1987-05-29 ·cited 2×
  The court held that the government had a duty to seek extradition of the defendant, and its failure to do so, combined with other factors, justified dismissal of the indictment on Sixth Amendment speedy trial grounds.
• Sterling Williams v. A.L. Lockhart
  772 F.2d 475· 8th Cir.· 1985-09-12 ·cited 2×
  The court held that the district court erred in failing to expressly consider all claims raised in the habeas petition, requiring a remand for further proceedings.
• United States v. Ambrose
  707 F.2d 1209· 11th Cir.· 1983-06-20 ·cited 2×
  The court held that the trial court's jury instructions on entrapment were not erroneous, and that the defendants' other grounds for appeal, including speedy trial and "knock and enter" violations, were without merit.
• United States v. Richards
  707 F.2d 995· 8th Cir.· 1983-05-31 ·cited 2×
  The court held that the defendant's Sixth Amendment right to a speedy trial was not violated, as the delay was not chargeable to the government and the defendant failed to demonstrate material prejudice from missing witnesses.
• Jones v. United States
  580 F.2d 349· 8th Cir.· 1978-08-04 ·cited 2×
  The court held that the dismissal of the motion for post-conviction relief was proper because the double jeopardy claim was procedurally barred and the speedy trial claim lacked merit.
• Blackburn v. United States Dist. Court FOR the N. Dist. OF Cal.
  564 F.2d 332· 9th Cir.· 1977-11-11 ·cited 2×
  The court held that the delay in retrial did not violate the petitioner's Sixth Amendment right to a speedy trial, nor his statutory rights under the Speedy Trial Act.
• Brown v. Louie L. Wainwright
  495 F.2d 559· 5th Cir.· 1974-06-07 ·cited 2×
  The court affirmed the denial of relief on the Florida speedy trial rule claim but vacated and remanded the federal speedy trial claim for failure to exhaust state remedies.
• United States v. Lavell W. Taylor
  465 F.2d 1199· 10th Cir.· 1972-08-28 ·cited 2×
  The court held that the trial court erred in dismissing the indictment based on a Sixth Amendment speedy trial violation, as the delay did not violate Taylor's rights under the circumstances.
• Murphy v. State
  351 So. 3d 242· Fla. 2d DCA· 2022-11-30 ·cited 1×
  The appellate court granted a writ of prohibition, overturning a lower court's denial of a motion to dismiss. The court found that the State's unreasonable delay in executing a warrant for the defendant, who was already in state custody, violated his Sixth Amendment right to a sp
• Waters v. Wilmington Tr.
  14 Fla. L. Weekly 1594· Fla. 4th DCA· 2018-06-13 ·cited 1×
  A substituted plaintiff in a foreclosure action must establish that the original plaintiff possessed the promissory note at the time the complaint was filed, and producing the original note after suit commenced does not satisfy this standing requirement.
• Ali Abdul-Habib Hakeem v. Beyer
  990 F.2d 750· 3d Cir.· 1993-03-31 ·cited 1×
  The court held that a fourteen and one-half month delay in bringing Hakeem to trial does not automatically establish prejudice for a speedy trial violation, and remanded for an evidentiary hearing on the cause of the delay.
• State v. Courtland Twyman
  Fla. 4th DCA· 2026-02-18
  The Fourth District Court of Appeal reversed a trial court's dismissal of a complex 114-count criminal information against fourteen defendants for alleged constitutional speedy trial violations. The appellate court found that the trial court erroneously based its speedy trial dis
• State v. Thompson
  Fla. 4th DCA· 2026-02-18
  The State of Florida appealed a trial court's order dismissing a multi-count racketeering and drug trafficking case based on alleged constitutional speedy trial violations. The Fourth District Court of Appeal reversed the dismissal, finding that the state did not violate Brady v.
• State v. Bengala
  Fla. 4th DCA· 2026-02-18
  The State appeals a trial court's dismissal of a complex 114-count criminal information against fourteen defendants for alleged constitutional speedy trial violations. The Fourth District Court of Appeal reverses, finding no speedy trial violation because the state did not breach
• State v. Kammerman
  Fla. 4th DCA· 2026-02-18
  The State appeals a trial court order dismissing a complex 114-count racketeering and drug trafficking case against fourteen defendants based on alleged constitutional speedy trial violations. The Fourth District reverses, holding that the state did not violate the defendants' sp
• State v. Gordon
  Fla. 4th DCA· 2026-02-18
  The State of Florida appeals a trial court's dismissal of 114-count criminal information for alleged speedy trial violations. The Fourth District Court of Appeal reversed, holding that the defendants' constitutional right to speedy trial was not violated because the state was not
• State v. Gatlin
  Fla. 4th DCA· 2026-02-18
  The State appealed the trial court's dismissal of a complex 114-count criminal information against fourteen defendants based on alleged constitutional speedy trial violations. The appellate court reversed, holding that neither Brady violations regarding Detective Dilks materials
• State v. Karlin
  Fla. 4th DCA· 2026-02-18
  The State of Florida appealed a trial court order dismissing 114 criminal counts against fourteen defendants based on alleged constitutional speedy trial violations. The appellate court reversed, holding that the state did not violate the defendants' speedy trial rights and that
• State v. Reiter
  Fla. 4th DCA· 2026-02-18
  Florida appealed a trial court's dismissal of 114-count criminal charges against fourteen defendants based on alleged constitutional speedy trial violations. The District Court of Appeal reversed, holding that the state did not violate the defendants' speedy trial rights under Ba
• State v. Turturo
  Fla. 4th DCA· 2026-02-18
  The State appealed a trial court's dismissal of a massive 114-count criminal racketeering and pill mill case against fourteen defendants based on alleged constitutional speedy trial violations. The Fourth District Court of Appeal reversed, holding that the state did not violate t
• State v. Stouffer
  Fla. 4th DCA· 2026-02-18
  The Florida Fourth District Court of Appeal reversed the trial court's dismissal of a complex 114-count criminal racketeering and drug trafficking case against fourteen defendants, finding that the trial court erred in ruling that the state violated the defendants' constitutional
• State v. Buffalino
  Fla. 4th DCA· 2026-02-18
  The State of Florida appeals the trial court's dismissal of criminal charges against Dr. Joseph Buffalino and others based on alleged constitutional speedy trial violations. The Fourth District Court of Appeal reverses the dismissal, holding that the state did not violate the def
• State v. Trivedi
  Fla. 4th DCA· 2026-02-18
  The State appeals a trial court's dismissal of a 114-count criminal information charging defendants with pill mill operation crimes, based on alleged constitutional speedy trial violations. The Fourth District Court of Appeal reverses, finding no speedy trial violation because th
• Keron S. Flowers v. State of Del.
  Del.· 2026-02-17
  Keron Flowers appeals his conviction for home invasion first-degree burglary, attempted first-degree robbery, possession of a firearm during a felony, and other offenses stemming from an armed robbery at a residence. The Delaware Supreme Court affirmed the conviction, finding suf
• United States v. Louis
  11th Cir.· 2025-08-11
  The court held that the defendant waived his statutory Speedy Trial Act claim by failing to file a valid motion to dismiss and that his Sixth Amendment speedy trial claim failed because he could not demonstrate prejudice from the delay.
• Bryant v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2025-05-02
  The court held that the state court's denial of the petitioner's speedy trial claim was not contrary to or an unreasonable application of federal law, nor based on an unreasonable factual determination.
• Despart v. Kanner
  Fla. 1st DCA· 2025-01-08
  Thomas Despart appeals from dismissal of his mandamus petition against Kristen Kanner, the Sexually Violent Predator Director of the Department of Children and Families. The court affirmed the dismissal, finding mandamus will not lie where the requested action is not clearly pres
• United States v. Elvis Eghosa Ogiekpolor
  11th Cir.· 2024-12-16
  The Eleventh Circuit affirmed the defendant's convictions, holding that the delays in his trial did not violate his Sixth Amendment right to a speedy trial.