Thursday, January 14, 2010

Florida Supreme Court On Waiver Of Speedy Trial Right Due To Continuane

In State of Florida v. Nelson (SC08-2325), the Florida Supreme Court answered a certified question from the Fourth District and held:
When the State is entitled to the recapture period, a continuance that is chargeable to the defense and made after the expiration of the speedy trial period but before a defendant files a notice of expiration waives a defendant’s speedy trial rights under the default period of the rule.
Justice Canady concurred in result only.  Justice Pariente was recused.


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