Can a defendant who fails to demand a speedy trial forever waives his right?

California, United States of America


The following excerpt is from People v. Starr, A151277 (Cal. App. 2019):

"Barker rejected 'the rule that a defendant who fails to demand a speedy trial forever waives his right.' [Citation.] But the high court cautioned that its rejection of the demand-or waiver-rule did not mean that a defendant has no responsibility to assert his right. [Citation.] Rather, 'the defendant's assertion of or failure to assert his right to a speedy trial is one of the factors to be considered in an inquiry into the deprivation of the right.' " (People v. Williams, supra, 58 Cal.4th at p. 237.) " 'The issue is not simply the

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