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There are generally three types of speedy trial rights in the USA, depending on where you live. Federal constitutional right, State constitutional right, and St
by qingcharles 3y ago
There are generally three types of speedy trial rights in the USA, depending on where you live. Federal constitutional right, State constitutional right, and State/federal statutory right. The federal one is vague and hand-wavy and only defined in case law. Usually the same with State constitutional right. The statutory rights are usually more explicit and often define an exact number of days and how those days are calculated, e.g. Illinois it is 120 days.
Courts definitely do entertain them. I've seen dozens over the years and there are thousands of examples of successful challenges in case law. I can think of several weird examples off the top of my head:
1) Guy from Hawaii transferred to mainland prison, murder case reversed for new trial on appeal, State doesn't do the paperwork to fly him back from prison to Hawaii within 180 days, then tries to blame it on the prisoner for not getting himself to his own trial :D
2) Guy burgles building which is built on a county line. State charges him in the wrong county (he burgled the other side of the building); tries to change venue, judge says they blew out their speedy trial days holding him in the wrong county.
3) I personally lost a year. I was in jail before COVID broke out. I filed for my 120 day speedy. There's no exception in the Illinois statute for emergencies (unlike the federal statute). Illinois Supreme Court unilaterally modifies the statute without involving the legislature. I didn't go to court for over a year, just stuck in a flooded cell. Filed a motion to dismiss for speedy trial violation and violation of the Illinois constitution for having the court create a new law. Illinois Supreme Court rules that it can do whatever the fuck it wants because they are the ones who have the final say on a motion and they are not going to find against themselves lol
"Where, as here, a statute and a supreme court rule governing court procedure cannot be reconciled, the statute must give way to the rule." (a rule created without consultation over-rides a law created by lawmakers!)
https://law.justia.com/cases/illinois/supreme-court/2023/128092.html https://law.justia.com/cases/illinois/supreme-court/2023/128...