CAIN v. SMITH

No. 81-5145.

686 F.2d 374 (1982)

James Leroy CAIN, Petitioner-Appellee, v. Steve SMITH, Steven L. Beshear, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 7, 1982.


Attorney(s) appearing for the Case

Michael R. Beiting, James L. Dickinson, Asst. Attys. Gen., Frankfort, Ky., for respondent-appellant.

Rodney McDaniel, Asst. Public Advocate, Frankfort, Ky., for petitioner-appellee.

Before KEITH, MERRITT and JONES, Circuit Judges.


KEITH, Circuit Judge.

The United States District Court for the Western District of Kentucky issued a writ of habeas corpus for James Leroy Cain, the petitioner-appellee, on the ground that the 11½ months delay from the date of his arrest to trial violated his constitutional right to a speedy trial. We hold that the delay in this "mundane garden variety" robbery is more than sufficient to trigger further inquiry into the cause for the delay. See Barker v. Wingo...

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