Facts: Defendant was convicted of attempted second degree murder and unlawful employment of a firearm. Among other issues, Defendant argued he was denied the right to a speedy trial. On appeal, Defendant contended that the speedy trial issue should be reviewed de novo.
Appellate Decision: The intermediate court affirmed the convictions. In reviewing the speedy trial issue, the court applied an “abuse of discretion” standard of review.
Review Granted: May 13, 2021
Prediction: As discussed in the Defendant’s briefing, the Supreme Court has apparently not articulated the proper standard of review for speedy trial claims, and the Court of Criminal Appeals has applied different standards. Ben thinks the Supreme Court will clarify that speedy trial issues are mixed questions of law and fact, with the legal questions reviewed de novo.