Ex Parte State of Alabama. Petition for Writ of Certiorari to the Court of Criminal Appeals (in Re: Nathaniel Dennis…

Summary

The court held that the lower appellate court improperly presumed prejudice from the entire period between indictment and trial rather than only from the portion attributable to governmental negligence. Because the negligent delay was less than five years and the defendant showed no actual prejudice, his speedy-trial claim failed. The judgment was reversed and remanded for consideration of the defendant's remaining appellate arguments.