Re: Vick's Va. dogfighting trial can wait




"MaryL" <stancole1@xxxxxxxxxxxxxxxxxxxxxxxxxxxx> wrote in message
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"Chocolic" <chatter448@xxxxxxxxxxxxxxxxxx> wrote in message
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There is a law, the "right to a speedy trial" that kicks in once a person
begins serving a sentence in another case.

Doesn't hinge on serving a sentence in another case.

It has to be the choice of Vick and the co-defendants to waive that
right, not the prosecutor.

Chocolic


That was my thought, too. States sometimes seem a bit oblivious to this
right, but it seems to me that an overt announcement like that could set
the stage for an eventual challenge or appeal. Incidentally, the right to
a speedy trial is higher than ordinary law -- it's the Sixth Amendment to
the U.S. Constitution.


Defendants routinely waive it, if they're out on bail. Delays can benefit
the defense (memories get fuzzy, witnesses move away or die).

One of the really smart moves O.J. Simpson's legal team did was to refuse to
waive the speedy trial right, surprising the hell out of the prosecution.
They forced the d.a. to go to trial much faster than they expected or would
have liked, and were underprepared as a result. A year of delay and they
would have had more evidence, too, like the photos of him in the Bruno Magli
shoes.


Bo Raxo



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