By North Carolina Judicial Branch
State v. Farook
On a motion to dismiss for a Sixth Amendment speedy trial violation, the State may not elicit privileged testimony from a criminal defendant's former attorney to justify the delay in the case. A criminal defendant can prove prejudice for purposes of his Sixth Amendment speedy trial claim under Barker v. Wingo by demonstrating actual or presumptive prejudice.
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Summary
On a motion to dismiss for a Sixth Amendment speedy trial violation, the State may not elicit privileged testimony from a criminal defendant's former attorney to justify the delay in the case. A criminal defendant can prove prejudice for purposes of his Sixth Amendment speedy trial claim under Barker v. Wingo by demonstrating actual or presumptive prejudice.