What is the effect of section 1382 of the California Penal Code on the federal constitutional guarantee of a speedy trial?

California, United States of America


The following excerpt is from People v. Shane, 115 Cal.App.4th 196, 8 Cal.Rptr.3d 753 (Cal. App. 2004):

Penal Code section 1382 has been described as "a legislative endorsement of dismissal as a proper judicial sanction for violation of the constitutional guarantee of a speedy trial and as a legislative determination that a trial delayed more than [the statutorily prescribed number of] days is prima facie in violation of a defendant's constitutional right." (Sykes v. Superior Court (1973) 9 Cal.3d 83, 89, 106 Cal.Rptr. 786, 507 P.2d 90, fn. omitted.) That said, it is nevertheless axiomatic that a violation of Penal Code section 1382 does not automatically result in a concomitant violation of the federal constitutional right to a speedy trial.

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