Instead of a fixed rule, it provided a four-factor analysis: Ky. App., 561 S.W.2d 335 (1978). Ky., 458 S.W.2d 761 (1970).
A delay of even a few months has been found to violate a defendant's right to a speedy trial. Mann v. Commonwealth, Ky.App., 561 S.W.2d 335, 337 (1978). Forcing Blincoe to wait for trial until after this Court, and possibly the Kentucky Supreme Court, rendered a final opinion on the appeal of the interlocutory order would be improper.
Johnson's final argument is that the one-year lapse between the mistrial and the retrial denied him the right to a speedy trial. He cites Mann v. Commonwealth, Ky.App., 561 S.W.2d 335 (1978), for the proposition that a lapse of seven-and-one-half months between a demand for trial and the trial itself denied the accused of a speedy trial. We find Mann to be distinguishable from this case, because in Mann, the defendant made a demand for a speedy trial.