KELLEY v. COM.

Record No. 0773-92-4.

439 S.E.2d 616 (1994)

Michael J. KELLEY, s/k/a Michael J. Kelly v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

January 11, 1994.


Attorney(s) appearing for the Case

Gilbert K. Davis, Fairfax, for appellant.

H. Elizabeth Shaffer, Asst. Atty. Gen. (Stephen Rosenthal, Atty. Gen., on brief), for appellee.

Present: BARROW, COLEMAN and KOONTZ, JJ.


COLEMAN, Judge.

In this criminal appeal, we hold that Michael J. Kelley was not denied his Sixth Amendment right to a speedy trial when a delay in prosecuting him that was attributable to the Commonwealth caused the prosecution's main witness to lack independent recollection at trial of the events surrounding Kelley's DUI arrest. We base our holding on the fact that Kelley has failed to show that the witness's lack of independent recollection prejudiced his defense...

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