California, United States of America
The following excerpt is from People v. Hood, C088355 (Cal. App. 2020):
The trial court then said that even a minimal showing of prejudice may require dismissal when balanced against the justification for the delay, but explained it was turning to the "Federal standard" "because contrary to . . . what the law requires, the declarations [we]re not specific" and provided "very unspecific reasons in support of it." In looking at the "Federal standard," the court discussed and gave defense counsel an opportunity to argue regarding the factors outlined in Barker v. Wingo (1972) 407 U.S. 514 [33 L.Ed.2d 101] (a case dealing with speedy trial rights under the Sixth Amendment), including the presumptive prejudice that arises from lengthy delays. The court said, "if actual prejudice cannot be shown, the reason for the delay becomes
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