What is the test for a defendant to have a speedy trial under section 5 of the Sixth Amendment?
California, United States of America
The following excerpt is from Scherling v. Superior Court, 149 Cal.Rptr. 597, 22 Cal.3d 493, 585 P.2d 219 (Cal. 1978):
5 The section provides, in part, "The defendant in a criminal cause has the right to a speedy public trial . . . ." Defendant concedes on appeal that the right to a speedy trial under the Sixth Amendment to the United States Constitution applies only after his arrest on February 3, 1976. (See United States v. Marion (1971) 404 U.S. 307, 320, 92 S.Ct. 455, 30 L.Ed.2d 468.)
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