Friday, April 13, 2012

Brown v. Ahern, No. 11-15767 (4-12-12) (Hug with B. Fletcher and Paez).

Suppose the state arguably violates its speedy trial requirements. Can habeas be used for an interlocutory appeal to get relief? In extraordinary cases, where there is a proven record of harassment or documented bad faith, possibly. However, in all other situations, and this includes this case, a violation does not get you the avenue for habeas relief. Speedy trial may be an affirmative defense, or there may be justifications, but in any case, it can wait.


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