STATE v. SPEARMAN

No. 32,800.

283 P.3d 272 (2012)

2012-NMSC-023

STATE of New Mexico, Plaintiff-Respondent, v. Marc Alan SPEARMAN, Defendant-Petitioner.

Supreme Court of New Mexico.

July 19, 2012.


Attorney(s) appearing for the Case

Gary K. King , Attorney General, Nicole Beder , Assistant Attorney General, Ralph E. Trujillo , Assistant Attorney General, Santa Fe, NM, for Respondent.

Law Office of Scott M. Davidson, Scott M. Davidson , Albuquerque, NM, Practicing Law Students of the University of New Mexico School of Law, Kevin Nault , Candra Rivers, for Petitioner.

Law Office of Jamison Barkley LLC, Jamison Barkley , Santa Fe, NM, For Amicus New Mexico Criminal Defense Lawyers Association.


OPINION

BOSSON, Justice.

{¶ 1} Speedy trial analysis under the United States Constitution requires a balancing and weighing of several factors, including the length of delay, the cause of the delay, timely assertion of the right, and prejudice to the accused. When, as here, one of those factors — in this case the cause of the delay — weighs heavily against the State based on its own dilatory and deceptive conduct in prosecuting...

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