What is the test for determining whether a plaintiff has been denied a right to sue under the Mental Health Act because of the length of delay?

California, United States of America


The following excerpt is from People v. Grant, C087733 (Cal. App. 2020):

6. The length of the delay is to some extent a triggering mechanism. Until there is some delay which is presumptively prejudicial, there is no need to inquire into the other Barker factors. (Barker, supra, 407 U.S. at p. 530.) However, after delay of sufficient length as to be presumptively prejudicial, the prejudice is merely balanced with the other factors. (Id. at pp. 533-534; see also Doggett v. United States (1992) 505 U.S. 647, 651-652 [120 L.Ed.2d 520, 528].)

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