466 F.2d 1325 (9th Cir. 1972), 71-2863, Favors v. Eyman

Docket Nº:71-2863.
Citation:466 F.2d 1325
Party Name:Bobby FAVORS, Petitioner-Appellant, v. Frank A.EYMAN, Warden, Arizona State Prison, Respondent-Appellee.
Case Date:September 13, 1972
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
FREE EXCERPT

Page 1325

466 F.2d 1325 (9th Cir. 1972)

Bobby FAVORS, Petitioner-Appellant,

v.

Frank A.EYMAN, Warden, Arizona State

Prison, Respondent-Appellee.

No. 71-2863.

United States Court of Appeals, Ninth Circuit.

Sept. 13, 1972

Rehearing Denied Nov. 8, 1972.

Page 1326

Lloyd D.Brumage (argued), of Karman & Brumage, Casa Grande, Ariz., for petitioner-appellant.

William P.Dixon, Asst. Atty. Gen., (argued), Gary K.Nelson, Atty Gen., Phoenix, Ariz., for respondent-appellee.

Before MERRILL, KOELSCH and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

Favors appeals from an order denying his petition for a writ of habeas corpus. We affirm.

This case arises from the following facts. On June 11, 1963. Favors and one Burrell escaped from the Arizona State Prison in Florence, Arizona. Two days later they were captured in Glendale, Arizona, at the end of a high speed auto chase in which they had exchanged gunfire with police officers. On June 14, 1963, a complaint was filed before a Justice of the Peace for the West Phoenix Precinct in Maricopa County, charging both men with three counts of assault with intent to commit murder. Arrest warrants were issued the same day and placed in the hands of the Sheriff of Maricopa County. The warrants, however, were not served. Shortly thereafter, the men were returned to the Arizona State Prison. They were timely charged, tried and convicted in Pinal County Superior Court for the crime of escape.

On September 15, 1964, Burrell filed a motion for preliminary examination in the West Phoenix Justice Court. The motion was granted. The warrants of arrest which had been issued on June 14, 1963, were served on Favors and Burrell on October 1, 1964. A preliminary hearing was held five days later, and they were held to answer. On November 4,

Page 1327

1964, informations were filed in the Maricopa County Superior Court charging Burrell and Favors with three counts of assault with intent to commit murder. Before the trial began, Favors moved to dismiss the informations, asserting denial of a speedy trial. The motion was denied. Favors was tried, beginning on December 28, 1964, and convicted on all three counts.

Favors has exhausted his remedies in the Arizona courts. See State v.Burrell, 1967, 102 Ariz. 136, 426 P.2d 633.

1. The rights to a speedy trial and due process.

Favors argues that the delay between the filing of the complaint on June 14, 1963, and his trial in December, 1964, violated his Sixth Amendment right to a speedy trial.

In this case we are concerned only with Favors' right to a speedy trial as guaranteed by the Sixth Amendment to the United States Constitution. Klopfer v.North Carolina, 1967, 386 U.S. 213, 223, 87 S.Ct. 988, 18 L.Ed.2d l. Arizona also guarantees a speedy trial, Ariz...

To continue reading

FREE SIGN UP