Supreme Judicial Court of Maine

Dennis F. Winchester v. State of Maine

March 30, 2023291 A.3d 707

Summary

The court vacated the denial of Winchester’s post-conviction petitions and remanded for reconsideration of whether counsel was ineffective for failing to pursue speedy-trial claims. It held that Maine’s constitutional speedy-trial protection requires a flexible, fact-sensitive balancing of delay length, reasons for delay, assertion of the right, and prejudice, and that ineffective-assistance prejudice depends on whether a timely motion would likely have resulted in dismissal. The court directed the PCR court to reassess the unexplained delays, Winchester’s personal efforts to assert the right, counsel’s litigation strategy, and the specific harms caused by delayed trial.