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People v. Honorable Clifton Flowers

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eBook details

  • Title: People v. Honorable Clifton Flowers
  • Author : Supreme Court of Delaware
  • Release Date : January 19, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Pursuant to C.A.R. 21, the district attorney, on behalf of the petitioner, sought relief in the nature of mandamus to compel the respondent district court to vacate its dismissal of murder charges in cases entitled People v. Robert Moreno and People v. Teddy T. Gomez. As its basis for these dismissals, the respondent district court ruled that these defendants had not been afforded a speedy trial as required under section 18-1-405, C.R.S. 1973. This recently enacted statute mandates that a trial court must dismiss criminal charges against a defendant if he is not brought to trial within six months after the date of his plea of not guilty. The statute provides for a number of exceptions, including a situation where the defendant or his counsel agrees to a continuance beyond the sixmonth period. See also Crim. P. 48(b)(4).


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