United States v. Duran-Gomez, No. 20-20147 (5th Cir. 2020)
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The Fifth Circuit granted the government's emergency motion to stay the district court's order of release and expedited this appeal. In 2010, petitioner was indicted on capital charges stemming from a 2006 double homicide. In 2019, petitioner claimed that his Sixth Amendment right to a speedy trial had been violated. The district court agreed, dismissed all charges with prejudice, and ordered petitioner released.
Under the Supreme Court's balancing test in Barker v. Wingo, 407 U.S. 514 (1972), the court concluded that petitioner's speedy trial right was not violated. The first factor, the over nine year length of delay, weighs heavily against the government; the second factor, the reason for the delay, weighs heavily against petitioner where he contributed substantially to the delay, requested a slew of continuances, and represented that he needed those continuances; the third factor, petitioner's diligence in asserting his right to a speedy trial, weighs heavily against petitioner; and the fourth factor, prejudice suffered by petitioner as a result of the delay, weighs against petitioner because petitioner failed to prove that he suffered actual prejudice. Accordingly, the court reversed and remanded for a prompt trial. The court rejected petitioner's Fifth Amendment due process claim.
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