California, United States of America
The following excerpt is from People v. Martinez, 57 Cal.App.4th 166, 67 Cal.Rptr.2d 55 (Cal. App. 1997):
A three-step analysis is used to decide whether a defendant's speedy trial right under the California Constitution was denied. First, the defendant bears the burden of showing that actual prejudice to the defense case was caused by the delay. Second, if the defendant meets that burden, then the burden shifts to the prosecution to show justification for the delay. Third, the court balances the actual prejudice shown by the defendant against the prosecution's justification for the delay. (People v. Dunn-Gonzalez (1996) 47 Cal.App.4th 899, 911, 55 Cal.Rptr.2d 404; People v. Lawson (1979) 94 Cal.App.3d 194, 198, 156 Cal.Rptr. 226.)
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