California, United States of America
The following excerpt is from People v. Price, B281164 (Cal. App. 2018):
We recognize that "loss of memory . . . is not always reflected in the record because what has been forgotten can rarely be shown." (Barker v. Wingo, supra, 407 U.S. at p. 532.) We further recognize that defendant, like many witnesses, admitted that she was not able to "remember every detail." Yet, the evidence of guilt in this case was overwhelming, and there is no indication that bringing defendant to trial more expediently would have affected the result in any way. On the record before us, we cannot conclude that any delay deprived defendant of a fair opportunity to present her case to the jury.
III. Section 12022.5, subdivision (c)
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