The following excerpt is from Rivera-Sanchez v. Crist, 34 F.3d 1073 (9th Cir. 1994):
Because Rivera-Sanchez did not raise the first three issues before the district court, we decline to address them for the first time on appeal. See King v. Rowland, 977 F.2d 1354, 1357 (9th Cir.1992).
His only remaining claims are those related to alleged violations of the speedy trial act. We hold, as a preliminary matter, that the alleged violation of Ariz.R.Crim.P. 8.2(b) is not a ground for relief in a federal habeas action because it is solely a matter of state law. See Estelle v. McGuire, 112 S.Ct. 475, 480 (1991) ("[I]t is not the province of a federal habeas court to reexamine state court determinations on state law questions.").
This leaves only his contentions regarding alleged violations of the federal constitutional right to a speedy trial. We utilize a four factor test when evaluating whether a defendant's right to a speedy trial has been abridged. United States v. Sandoval, 990 F.2d 481, 482 (9th Cir.), cert. denied, 114 S.Ct. 218 (1993). These factors are: (1) " '[t]he length of the delay[;]' " (2) the reason for the delay; (3) " 'the defendant's responsibility to assert his right' to a speedy trial[;]" and (4) the " 'prejudice to the defendant.' " Id. (quoting Barker v. Wingo, 407 U.S. 514, 521 (1972)); see also United States v. Baker, 10 F.3d 1374, 1401 (9th Cir.1993).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.