Opinion
1:15-cv-2835 (NLH)
01-23-2020
JOSE A. AGRON, Petitioner, v. STEPHEN D'ILIO, et al., Respondents.
APPEARANCES: Linda A. Shashoua, Esq. Camden County Prosecutor's Office Appeals Unit 25 North Fifth Street Camden, NJ 08102 Attorneys for Respondent Jose A. Agron 979913-B/558818 NJSP P.O. Box 861 Trenton, NJ 08625 Petitioner pro se
MEMORANDUM OPINION & ORDER
APPEARANCES: Linda A. Shashoua, Esq.
Camden County Prosecutor's Office
Appeals Unit
25 North Fifth Street
Camden, NJ 08102
Attorneys for Respondent Jose A. Agron
979913-B/558818
NJSP
P.O. Box 861
Trenton, NJ 08625
Petitioner pro se HILLMAN , District Judge
WHEREAS, Petitioner Jose A. Agron filed an amended petition for writ of habeas corpus under 28 U.S.C. § 2254 arguing, among other claims, that his speedy trial rights under the Sixth Amendment were violated, see ECF No. 3 at 8; and
WHEREAS, Respondent's answer to the speedy trial claim cursorily asserted that Petitioner had not exhausted this claim in the state courts and was not prejudiced by any delay in bringing his case to trial, see ECF No. 14 at 89; and
WHEREAS, to determine whether a petitioner's Sixth Amendment right to a speedy trial has been violated, a court must consider both the defendant's and the prosecution's conduct and consider four factors specific to the given case, namely: (1) the length of delay; (2) the reason for the delay; (3) whether, when, and how the defendant asserted his right to a speedy trial; and (4) prejudice to the defendant by the delay. Barker v. Wingo, 407 U.S. 514, 530 (1972); and
WHEREAS, the Court concludes that further briefing on the speedy trial issue from Respondent is warranted. Respondent shall file a supplemental brief and any additional exhibits addressing the Barker test within 30 days of this order. Petitioner may respond within 30 days of the supplemental brief;
THEREFORE, IT IS on this 23rd day of January, 2020
ORDERED that Respondent shall file a supplemental brief and any additional exhibits addressing the Barker v. Wingo, 407 U.S. 514 (1972) test within 30 days of this order. Petitioner may respond within 30 days of the supplemental brief; and it is finally
ORDERED that the Clerk shall serve a copy of this Order upon Petitioner by regular mail.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey