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0 tracked cards Criminal Law and Procedure

A defendant charged with felony theft waited 20 months for trial. Some delay was caused by court congestion, some by prosecution negligence, and some by defense continuances. The defendant demanded a speedy trial twice and claims that a defense witness became unavailable.
Which test governs the constitutional speedy-trial claim?

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The court should deny relief automatically unless the defendant was detained before trial. The court should balance length of delay, reason for delay, the defendant's assertion of the right, and prejudice to determine whether the speedy-trial right was violated. The court should ignore whether the defendant demanded a speedy trial. The court should dismiss automatically after any delay longer than 30 days.

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