[Download] "Clemmons v. Glens Falls Insurance Co." by Court of Appeals of North Carolina # eBook PDF Kindle ePub Free

July 02, 2021

eBook details

Title: Clemmons v. Glens Falls Insurance Co.
Author : Court of Appeals of North Carolina
Release Date : January 09, 1968
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

Defendant first assigns as error the trial courts denial of his motion to dismiss for failure of the State to grant him a speedy trial. The right of every person formally accused of a crime to a speedy and impartial trial is secured by the fundamental law of this State, State v. Hollars, 266 N.C. 45, 145 S.E.2d 309 (1965), and guaranteed by the Sixth Amendment to the federal constitution, made applicable to the states by the Fourteenth Amendment. Klopfer v. North Carolina, 386 U.S. 213, 87 S. Ct. 988, 18 L. Ed. 2d 1 (1967); State v. McKoy, 294 N.C. 134, 240 S.E.2d 383 (1978). In determining whether an accused has been denied his right to a speedy trial, the courts have weighed four factors: (1) the length of the delay, (2) the cause of the delay, (3) waiver by the defendant, and (4) prejudice to the defendant. Barker v. Wingo, 407 U.S. 514, 92 S. Ct. 2182, 33 L. Ed. 2d 101 (1972); State v. McKoy, supra; State v. Wright, 290 N.C. 45, 224 S.E.2d 624 (1976). Whether a speedy trial has been afforded depends on the circumstances of each particular case, and the burden is on the defendant who asserts denial of a speedy trial to show that the delay was due to the neglect or willfulness of the prosecution. State v. McKoy, supra; State v. Johnson, 275 N.C. 264, 167 S.E.2d 274 (1969).