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0 tracked cards Delaware Essays

A Delaware felony defendant demands a prompt trial, and the court delays trial for several months because no courtroom is available.
Which statement best describes the speedy-trial analysis?

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A defendant preserves no speedy-trial issue unless the defendant is in custody. Delaware speedy-trial analysis turns on constitutional Barker factors and Rule 48(b)-type dismissal authority; courtroom unavailability is weighed in context rather than treated as an automatic dismissal or automatic excuse. A defendant's assertion of the speedy-trial right is irrelevant under the constitutional analysis. The prosecution can avoid speedy-trial limits by calling every continuance an administrative delay.

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