Is a defendant entitled to a speedy trial under both the federal and state constitutions?

California, United States of America


The following excerpt is from People v. Flores, 152 Cal.Rptr. 896, 90 Cal.App.3d Supp. 1 (Cal. Super. 1978):

In testing the reasonableness of the trial court's action in dismissing this action, we must consider defendant's right to a speedy trial under both the federal and the state Constitutions. "In any particular instance a defendant is entitled to a speedy trial within the meaning of both the federal and state constitutional provisions" (Sykes v. Superior Court (1973) 9 Cal.3d 83, n. 9, p. 91, 106 Cal.Rptr. 786, p. 792, n. 9, 507 P.2d 90, p. 96, n. 9). Included in that same footnote is language to the effect that even though trial may have commenced within the period prescribed by California law, a defendant could establish his entitlement to relief as having been denied a speedy trial under the federal Constitution.

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