STATE of New Mexico, Plaintiff-Petitioner,
v.
Frank O. GARZA, Defendant-Respondent.
Supreme Court of New Mexico.https://leagle.com/images/logo.png
June 25, 2009.
June 25, 2009.
Attorney(s) appearing for the Case
Gary K. King, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Petitioner.
Pickett Law Firm, L.L.C., Mark L. Pickett, Mollie C. McGraw, Las Cruces, NM, for Respondent.
Hugh W. Dangler, Chief Public Defender, Nancy M. Hewitt, Appellate Defender, Mary Barket, Assistant Appellate Defender, Santa Fe, NM, for Amicus Curiae, New Mexico Public Defender.
Supreme Court of New Mexico.
OPINION
MAES, Justice.
{1} In this Opinion we review our speedy trial jurisprudence and abolish the presumption that a defendant's right to a speedy trial has been violated based solely on the threshold determination that the length of delay is "presumptively prejudicial." Because Defendant has not shown any particularized prejudice that is cognizable under the constitutional right to a speedy...
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