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3rd DCAOctober 16, 2024Affirmed⭐ Notable

McCartney v. State

Case No. 3D2022-1527

The Third DCA affirmed a sexual battery conviction and life sentence, rejecting a constitutional speedy trial challenge based on a 1,015-day delay between arrest and trial. The court held that the bulk of the delay was attributable to COVID-19 pandemic court closures and administrative tolling orders, which constituted a valid, non-negligent reason for delay under Barker v. Wingo, and that the defendant failed to show particularized prejudice or timely assert his right.

Key facts

  • Defendant was arrested for sexual battery and convicted after a delay of over 1,015 days between arrest and trial.
  • The bulk of the delay was caused by Florida Supreme Court administrative orders suspending jury trials and tolling speedy trial periods during COVID-19 pandemic court closures.
  • +2 more key facts with a free trial

Why it matters

This opinion provides a clear, citable framework for how Florida courts should treat pandemic-era delays in constitutional speedy trial analysis, aligning with federal circuit authority treating COVID-19 as an… — full analysis with a trial

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