What is the test for establishing that a defendant has established prejudice occasioned by the delay?
California, United States of America
The following excerpt is from Shleffar v. Superior Court, 178 Cal.App.3d 937, 223 Cal.Rptr. 907 (Cal. App. 1986):
As the threshold question of whether a defendant has established prejudice occasioned by the delay is clearly a factual matter to be resolved by the trial court, its decision on that point will not be overturned by an appellate court if supported by substantial evidence. (People v. Hill (1984) 37 Cal.3d 491, 499, 209 Cal.Rptr. 323, 691 P.2d 989.) In this regard, we cannot say the trial court erred.
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