Petition of the day

By Kate Howard
on May 5, 2017 at 11:23 pm

The petition of the day is:

Issues: (1) Whether the burden of proof concerning the reasons for pretrial delay rests (a) with the state, to show that the reasons for delay were justified, as eleven circuits and many state courts of last resort have held; or (b) with the defendant, to show that the reasons for delay were unjustified, as the court below held; and (2) whether a defendant who was incarcerated during a nearly-nine-year pretrial delay must also produce “affirmative proof of prejudice” for Barker v. Wingo‘s prejudice factor to weigh in his favor.