Handley v. State

111 Citing cases

  1. Spencer v. State

    592 So. 2d 1382 (Miss. 1991)   Cited 34 times
    Finding that defendant's failure to assert his right to a speedy trial until the eve of trial, 535 days after his arrest, caused the third Barker factor to weigh against him

    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)).

  2. Jenkins v. State

    607 So. 2d 1137 (Miss. 1992)   Cited 31 times
    In Jenkins we held that the prosecution failed to show good cause for a delay of more than one year and nine months, even though the prosecution alleged that the case was presented to the grand jury after the accused was extradited.

    "[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).

  3. Ross v. State

    605 So. 2d 17 (Miss. 1992)   Cited 37 times
    Maintaining that a defendant's assertion of prejudice attributable solely to incarceration, with no other harm, is typically not sufficient to warrant reversal

    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).

  4. Newport v. State

    983 P.2d 1213 (Wyo. 1999)   Cited 15 times

    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.

  5. Jasso v. State

    655 So. 2d 30 (Miss. 1995)   Cited 18 times
    Holding that this factor weighed only slightly in favor of defendants who demanded a speedy trial but subsequently requested continuances

    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.

  6. Reynolds v. State

    97 KA 474 (Miss. Ct. App. 1999)   Cited 3 times

    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)).

  7. Taylor v. State

    162 So. 3d 780 (Miss. 2015)   Cited 46 times
    Holding that, notwithstanding a lengthy and presumptively prejudicial delay, there is no speedy trial violation where there is no evidence of actual prejudice and "the other factors are neutral or only slightly in [the defendant's] favor, at best"

    Miss. Const. art. 3, ยง 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 ).

  8. Buggs v. State

    738 So. 2d 1253 (Miss. Ct. App. 1999)   Cited 7 times
    Finding crack pipes and other drug paraphernalia relevant to establish constructive possession and control of crack cocaine on premises

    "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)).

  9. Brengettcy v. State

    1999 KA 1516 (Miss. 2001)   Cited 56 times
    Explaining that "where the delay is not presumptively prejudicial, there is no need to review the remaining Barker factors"

    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.

  10. Reynolds v. State

    1999 KA 1463 (Miss. 2001)   Cited 28 times

    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: