The constitutional right to a speedy trial attaches and begins to run "at the time of a formal indictment or information or else the actual restraints imposed by arrest and holding to a criminal charge." Handley v. State, 574 So.2d 671, 674 (Miss. 1990) (quoting Lightsey v. State, 493 So.2d 375, 378 (Miss. 1986)).
"[F]or constitutional purposes, the right to a speedy trial attaches and time begins to run with arrest." Handley v. State, 574 So.2d 671, 674 (Miss. 1990), citing Smith v. State, 550 So.2d 406, 408 (Miss. 1989).
1991); State v. Ferguson, 576 So.2d 1252, 1254-55 (Miss. 1991); Handley v. State, 574 So.2d 671, 674 (Miss. 1990); Vickery, 535 So.2d 1371, 1376 (Miss. 1988); Dedeaux v. State, 519 So.2d 886, 888 (Miss. 1988).
Other states, like Wyoming, have court rules and statutes which protect a criminal defendant's right to receive a speedy first trial but do not address retrials. See, e. g., State v. Avelar, 931 P.2d 1218, 1220 (Idaho 1997); Fisher, 497 S.E.2d at 164; State v. Fanning, 437 N.E.2d 583, 585 (Ohio 1982); Icgoren v. State, 653 A.2d 972, 976 (Md. Ct. Spec. App.), cert. denied, 661 A.2d 700 (Md. 1995); Handley v. State, 574 So.2d 671, 674 (Miss. 1990). The Idaho Supreme Court held that its speedy trial rule does not apply to retrials.
1991) (affirmed drug possession conviction on 536 day delay); Adams v. State, 583 So.2d 165, 168-70 (Miss. 1991) (affirmed on 456 day delay); Handley v. State, 574 So.2d 671, 676-84 (Miss. 1990) (affirmed on 603 day delay). This Court has held that a delay of 423 days would result in reversal absent the State's strength in the other factors. Beavers v. State, 498 So.2d 788, 790 (Miss.
A reasonable probability is a probability sufficient to undermine confidence in the outcome.". . . There is no constitutional right then to errorless counsel. . . .Handley v. State, 574 So.2d 671, 683 (Miss. 1990) (quoting Cabello v. State, 524 So.2d 313, 315 (Miss. 1988)).
Miss. Const. art. 3, § 26.Handley v. State, 574 So.2d 671, 674 (Miss.1990) (quoting Lightsey v. State, 493 So.2d 375, 378 (Miss.1986), superceded by statute on other grounds ).Handley, 574 So.2d at 674 (citing Barker, 407 U.S. at 514, 92 S.Ct. 2182 ).
"The statutory 270 day rule is satisfied once the defendant is brought to trial, even if that trial results in a mistrial." Handley v. State, 574 So.2d 671, 674 (Miss. 1990) (citing Kinzey v. State, 498 So.2d 814, 816 (Miss. 1986); State v. Thornhill, 251 Miss. 718, 723, 171 So.2d 308, 310 (1965)).
This statutory right, often referred to as the 270-day rule, attaches at arraignment rather than at arrest. Handley v. State, 574 So.2d 671, 674 (Miss. 1990). The 270 day rule is satisfied when the defendant has been brought to trial.
This statutory right, often referred to as the 270-day rule, attaches at arraignment rather than at arrest. Handley v. State, 574 So.2d 671, 674 (Miss. 1990). The chronology for this case is as follows: