How Much Does an FTA Undermine a Speedy Trial Claim? Updated
by: Ryan • April 22, 2011 • no comments
UPDATE June 1, 2011: It's not the Oregon Supreme Court, but the Court of Appeals has provided a partial answer to this question in State v. Coulson.
This is a question that comes up among defense attorneys quite a bit. At some point, the defendant missed court, and a warrant was issued, but the excessive delay before the defendant made it to trial was still largely a result of state inaction.
But by missing a court date, has the defendant waived any claims to a speedy trial? The Oregon Supreme Court has decided it's going to tackle that question in two different cases. For a summary of the cases and the questions presented, the media release announcing the review grant is here: [04-21-11_Supreme_Court_Conference_Results_Media_Release ]
