What is the balancing test for determining whether a defendant has a right to sue for damages if they have been denied a hearing?
California, United States of America
The following excerpt is from People v. MacDonald, 103 Cal.Rptr. 726, 27 Cal.App.3d 508 (Cal. App. 1972):
In discussing its balancing test, the court in Barker v. Wingo, Supra (id., at p. 2193 of 92 S.Ct.), commented as follows: 'We regard none of the four factors (length of delay, reason for delay, defendant's assertion of his right, and prejudice to defendant) . . . as either a necessary or
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