Does defendant fail to show grounds for reversal of a finding that a delay in extraditing defendant to stand trial was justified?

California, United States of America

The following excerpt is from People v. Stolp, C069983 (Cal. App. 2015):

Even assuming defendant showed prejudice sufficient to shift the burden to the prosecution to justify the delay, defendant fails to show grounds for reversal. Although the prosecution did not present evidence as to why it declined to extradite defendant sooner, the trial court properly found there was justifiable delay because defendant fled California. (People v. Perez (1991) 229 Cal.App.3d 302, 308 [though not an absolute bar to a speedy trial claim, flight to avoid prosecution is a factor to be considered].)

Page 14

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)

Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)

What is the record of why defendant's trial counsel failed to object to the sentencing on the ground that the trial court improperly used defendant's religious beliefs as a basis for his sentence? (California, United States of America)

When a defendant challenges on appeal a motion for a new trial on grounds of juror misconduct, does he accept the credibility determinations and findings of the trial court? (California, United States of America)

Does a defendant have any grounds to argue that the trial court erred in failing to give the cautionary instruction at the end of trial? (California, United States of America)

What is the test for a jury to find a defendant competent to stand trial? (California, United States of America)

How has the trial court treated the waiver of a defendant's right to stand trial by jury? (California, United States of America)

In what circumstances would a defendant have been denied a continuance of his trial on the grounds that the trial would have been more favorable to him? (California, United States of America)

Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)

Does defendant fail to show grounds for reversal of a finding that a delay in extraditing defendant to stand trial was justified?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources