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Old 05-21-2017, 12:36 AM
redtop43 redtop43 is offline
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Default Trial Delay

This is just curiosity, not a case I care about anymore.

A and B were arrested for the same crime in February 2016. In April, B's lawyer said he was ready to proceed to trial but A wasn't ready so both trials were postponed.

In July, and A pled guilty and was sentenced to 19 to 48 months. The prosecutors clearly believed that he was more culpable and I heard a rumor that DE had been offered a deal of 2 to 15 years.

In November, be asked for a bail reduction which was denied and for the state to pay fees for an investigator which was granted. In addition, B had several changes of counsel, at least one of which was abortive because his family couldn't raise the money at least one of which was abortive because his family couldn't raise the money for the hotshot litigator they wanted.

In January and early February, there were several court dates in which it appeared that he would enter a plea but he did not. It's rather obvious that he simply didn't like the deal that was offered.

Trial is now scheduled for August, a full six months after the non-entry of the plea. There have been no scheduled court proceedings since then.

I'm just curious why, when there doesn't appear to be any action taking place, it would take six months to bring someone to trial. Especially since the need to clear readiness for trial a year ago.

Anyone have a theory? Again, I'm just curious.
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Old 05-21-2017, 01:27 AM
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missingdee missingdee is online now
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Default

Quote:
Originally Posted by redtop43 View Post
This is just curiosity, not a case I care about anymore.

A and B were arrested for the same crime in February 2016. In April, B's lawyer said he was ready to proceed to trial but A wasn't ready so both trials were postponed.

In July, and A pled guilty and was sentenced to 19 to 48 months. The prosecutors clearly believed that he was more culpable and I heard a rumor that DE had been offered a deal of 2 to 15 years.

In November, be asked for a bail reduction which was denied and for the state to pay fees for an investigator which was granted. In addition, B had several changes of counsel, at least one of which was abortive because his family couldn't raise the money at least one of which was abortive because his family couldn't raise the money for the hotshot litigator they wanted.

In January and early February, there were several court dates in which it appeared that he would enter a plea but he did not. It's rather obvious that he simply didn't like the deal that was offered.

Trial is now scheduled for August, a full six months after the non-entry of the plea. There have been no scheduled court proceedings since then.

I'm just curious why, when there doesn't appear to be any action taking place, it would take six months to bring someone to trial. Especially since the need to clear readiness for trial a year ago.

Anyone have a theory? Again, I'm just curious.
Without a direct transcript....while it's a bit unusual for there to be a 6 month gap between court dates (if this were California I'd assume that there would be progress report-type hearings in the interim, but I'm not as familiar with how Nevada works...also assuming the right to a speedy trial was waived here....)

I can think of a few scenarios that might make sense here, while pleading ignorance to whether or not any of these scenarios are ruled out by other factors. Could also be a mixture of the factors.

One scenario is that the courtroom has other trials on its calendar and cannot clear the necessary block of time needed for trial for 6 months. Of course, this would depend in part on exactly how long they expect the trial to take. But the more evidence and testimony and witnesses they need to put before the jury, the longer the block.

One scenario would involve them believing there is a need for 6 months to gather and review discovery, interview witnesses, and do whatever other pre-trial procedures might be necessary (filing of motions, hearings regarding those motions, etc.)

One scenario would be that one or both attorneys are not available for trial until that date and the court and both sides have agreed to not start the trial until after that date (again, assumes the defendant has waived his right to a speedy trial, which most do.)

Those are the three factors I can think of, and it could also be a combination of those factors. But someone might have some idea about something that I haven't thought about here....
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Old 05-21-2017, 10:37 AM
CenTexLyn CenTexLyn is offline
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There are MANY reasons, none of which are worth going into here given the claim that there is no longer an interest in the case...

Suffice it to say that I could go into almost any major jurisdiction in Texas and find cases with similar procedural histories.
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Old 05-21-2017, 12:07 PM
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Yep, especially in summer.

As long as there is no demand for a Speedy trial, or the delay is not being charged to the State, it's of no consequence as there are too many reasons to list, and even that list would be incomplete.
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Old 05-21-2017, 06:08 PM
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Default Trial delays

Some of what you all have said has maybe answered some of my questions. But here goes. "A" county has set up a trial date, jury picked and then court appointed attorney drops out, reason unknown, and another court appointed attorney steps in from another "B" county of which he is defending the defendant from that county on a civil case. So trial is postponed because he is not ready. "B" trial in the other county with defendant went to mediation and settled in two months . Now nine months later "A" county sets docket call. Questions were asked from "A" county people why a big delay and the only reason was it must have fell between the cracks. "A" county was ready so can we assume the delay was caused by "B" county?
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Old 05-21-2017, 06:25 PM
CenTexLyn CenTexLyn is offline
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Now nine months later "A" county sets docket call. Questions were asked from "A" county people why a big delay and the only reason was it must have fell between the cracks. "A" county was ready so can we assume the delay was caused by "B" county?
No. County A bears responsibility for their own docket. If they cannot control and manage their docket, they do not get to blame some other jurisdiction even when counsel comes from the other jurisdiction...
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