Ex parte Blake
Decision Date | 08 February 1985 |
Citation | 469 So.2d 1301 |
Parties | Ex parte Arthur James BLAKE. (Re Abe LEWIS, Junior and Arthur James Blake a/k/a "Arthur James Jackson" v. STATE of Alabama). 83-933. |
Court | Alabama Supreme Court |
John E. Pilcher of Pilcher & Pilcher, Selma, for petitioner.
Charles A. Graddick, Atty. Gen., and Martha Gail Ingram, Asst. Atty. Gen., for respondent.
We granted certiorari in this case to review the issue of whether petitioner was denied his sixth amendment right to a speedy trial.
Petitioner was indicted on January 28, 1982. His trial was not until August 11, 1983. The various reasons and dates of petitioner's 19 1/2 months' trial delay, as set forth by the Court of Criminal Appeals, 469 So.2d 1291, are as follows:
In reaching its determination, the Court of Criminal Appeals applied the Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), four-part balancing test, which requires an inquiry into the following: (1) length of delay; (2) the reason for the delay; (3) the defendant's assertion of his right; and (4) prejudice to the defendant. The Court of Criminal Appeals found that a significant portion of the trial delay occurred as a direct result of the state's attempt to implement its trial strategy. Four of the state's motions for continuance were grounded on its desire to take advantage of the newly promulgated Rule 15.4(b) of the Alabama Temporary Rules of Criminal Procedure, providing that separately indicted defendants may, under some circumstances, be joined for trial. The Court of Criminal Appeals found the following:
The Court of Criminal Appeals concluded that "because the total delay attributable to the state was only 9 1/2 months and because Blake had shown no substantial prejudice, his sixth amendment rights were not violated." The court indicated that it was a "close case" and that if the delay had been significantly longer, that court would have had no hesitation in finding a constitutional violation.
Petitioner has established, and it is reflected in the Court of Criminal Appeals' opinion, that the state delayed the trial in order to perfect its trial strategy. No Alabama case squarely addresses the proper weight that should be accorded deliberate prosecutorial requests for trial delays which substantially contribute to the delay of a defendant's trial. Petitioner asks us to assume prejudice under the circumstances of this case. This we cannot do.
The fourth factor of the balancing test, prejudice, was discussed at length in Barker. The Supreme Court opined as follows:
Barker, supra, ...
To continue reading
Request your trial-
Ready v. State, 1 Div. 162
... ... The trial court need only be convinced from a preponderance of the evidence to find a confession to have been voluntarily made. Ex parte McCary, [Ms. 86-1219, January 15, 1988] 528 So.2d 1133 (Ala.1988); Ex parte Singleton [465 So.2d 443 (Ala.1985) ].' ... "Bui v. State, [Ms. 3 Div ... ...
-
Johnson v. Nagle
... ... See Rose v. Lundy, 455 U.S. 509, 515, 102 S.Ct. 1198, 1202, 71 L.Ed.2d 379 (1982); see also Ex parte Royall, 117 U.S. 241, 250-53, 6 S.Ct. 734, 29 L.Ed. 868 (1886). A claim is exhausted if it either has been addressed by or was before the highest ... State, 530 So.2d 849, 855-856 (Ala.Crim.App. 1987); Lewis v. State, 469 So.2d 1291, 1297 (Ala.Crim.App.1984), aff'd sub nom. Ex parte Blake, 469 So.2d 1301 (Ala.1985) ... 37. See Yu v. United States, 1998 WL 160964, at *7 (S.D.N.Y.1998) (underscoring the importance of this fact) ... ...
-
Ware v. State
... ... State, 854 So.2d 1171, 1174 (Ala.Crim.App.2002) ; Covington v. 181 So.3d 387 State, 620 So.2d 122, 127 (Ala.Crim.App.1993) ; Ex parte Webb, 586 So.2d 954, 956 (Ala.1991) ; Ex parte McCall, 594 So.2d 628, 631 (Ala.1991) ; Ex parte Pettway, 594 So.2d 1196, 1200 (Ala.1991) ; ... ...
-
Garrison v. State
... ... Page 1002 ... reference to the erroneous code section will be treated as mere surplusage." ... Ex parte Bush, 431 So.2d 563, 564 (Ala.1983), cert. denied, Bush v. Alabama, 464 U.S. 865, 104 S.Ct. 200, 78 L.Ed.2d 175 (1983). Furthermore, an indictment ... ...