Opinion
No. 133729.
October 19, 2007.
Court of Appeals No. 265473.
Summary Dispositions October 19, 2007:
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Oakland Circuit Court for an evidentiary hearing on the defendant's speedy trial claims. At that hearing, the court shall take testimony and other evidence, and make findings of fact, regarding (1) all of the factors specified in Barker v Wingo, 407 US 514, 530 (1972); (2) whether the defendant knew that the charges in this case were pending against him when he was released from the Wayne County jail in November 1994, or whether he otherwise became aware of such charges before the prosecution commenced further action in 2001; and (3) any other factors relevant to the question whether the charges against the defendant must be dismissed for a violation of his speedy trial rights. We further order the Oakland Circuit Court, within 28 days of the conclusion of the hearing, to file with the clerk of the Supreme Court a transcript of the hearing and the court's findings of fact. We retain jurisdiction.
I would deny the application for leave to appeal. The Court has already remanded this case to the trial court for a hearing on defendant's speedy trial motion. At that time, the prosecution failed to explain its failure over a period of nine years to bring defendant to trial. I see no reason for a second remand.
We join the statement of Justice KELLY.