MIDDLEBROOK v. STATE

No. 273, 2000.

802 A.2d 268 (2002)

Nikerray MIDDLEBROOK, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 15, 2002.


Attorney(s) appearing for the Case

Jerome M. Capone, Esquire, Wilmington, Delaware, for the Appellant.

William M. Kelleher, Esquire, Department of Justice, Wilmington, Delaware, for the Appellee.

Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices.


VEASEY, Chief Justice.

In this appeal we consider whether a defendant's constitutional right to a speedy trial was violated by a delay of almost four years between indictment and trial. Such an egregious delay is presumptively prejudicial. In this case, the defendant asserted his right to a speedy trial and demonstrated actual prejudice from the delay in the form of oppressive pretrial incarceration and the impairment of...

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