Is a failure to object to a delay in a federal court proceeding a forfeiture?

California, United States of America


The following excerpt is from People v. Venable, E071681 (Cal. App. 2020):

For purposes of the federal constitutional speedy trial right, a failure to object to a delay is not a forfeiture. (People v. Seaton (2001) 26 Cal.4th 598, 633-634.) "This does not mean, however, that the defendant has no responsibility to assert his right. . . . [T]he defendant's assertion of or failure to assert his right to a speedy trial is one of the factors to be considered in an inquiry into the deprivation of the right." (Barker v. Wingo, supra, 407 U.S. at p. 528.)

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