Right to a Speedy Trial

Posted by emily on August 18, 2009
Practitioner Resources

In 2007, defense counsel filed a motion to strike the death notice on the basis of the defendant’s complete lack of appointed counsel for several months after the indictment.

Although that motion was denied, defense counsel filed a motion for reconsideration once the 18-month presumptive time limit to try a capital case under Rule 8.2 of the Arizona Rules of Criminal Procedure had expired.

The MFR was also denied, although the trial judge granted a stay to allow defense counsel to pursue the matter on special action.

View the relevant pleadings and orders here:

2007-06-25 MotionTo Strike Death Penalty

2009-03-20 Motion to Reconsider

2009-08-03 Ruling on Motion to Reconsider

2009-08-06 Ruling on Motion to Stay

2009-08-12 Petition for Special Action

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