Cited by
Opinions in Minnesota that cite State v. Windish, 590 N.W.2d 311.
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
(citing Barker, 407 U.S. at 530).
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A20-0206 A20-0228 A20-0229
Minn. 2021
We may invoke our supervisory powers to ensure the fair administration of justice, but do so only in rare cases See
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Ronald Lee Schlangen, petitioner, Appellant,
Minn. Ct. App. 2021
Speedy Trial Violation The right to a speedy trial is as “fundamental as any of the rights secured by the Sixth Amendment.” State v. Windish , (quoting Klopfer v. North Carolina , 386 U.S. 213, 223, 87 S. Ct .
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
(citing Barker v. Wingo , 407 U.S. 514, 530-33, 92 S. Ct. 2182, 2192-93 (1972)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
State v. Windish , -16 (Minn. 1999).
- Deiven Jacques Branch, petitioner, Appellant, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Griffin, d at 340 (-16 (Minn. 1999)).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
See State v. Taylor , State v. Windish
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Windish , 5 (citing Barker v. Wingo, 407 U.S. 514, 530-33, 92 S. Ct. 2182, 2192-93 (1972)).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
These factors are: “(1) the length of the delay; (2) the reason for the delay; (3) whether the defendant asserted his or her right to a speedy trial; and (4) whether the delay prejudiced the defendant.” (citing Barker v. Wingo, 407 U.S. 514, 530, 92 S. Ct. 2182, 2192 (1972)) .
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Minnesota courts consider “(1) the length of the delay; (2) the reason for the delay; (3) whether the defendant asserted his or her right to a spee dy trial; and (4) whether the delay prejudiced the defendant.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
These factors are: “(1) the length of the delay; (2) the reason for the delay; (3) whether the defendant asserted his or her right to a speedy trial; and (4) whether the delay prejudiced the defendant.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“Normally, the unavailability of a witness constitutes good cause for delay.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
This factor is a “triggering mechanism which determines whether further review is necessary.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
The four factors are “(1) the length of the delay; (2) the reason for the delay; (3) whether the defendant asserted his or her right to a speedy trial; and (4) whether the delay prejudiced the defendant.” (citing Barker, 407 U.S. at 530-33, 92 S. Ct. at 2192- 93).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State v. Strobel 921 N.W.2d 563 Minn. Ct. App. 2018
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State v. Strobel
921 N.W.2d 563
Minn. Ct. App. 2018
State v. Windish , , 315 (Minn. 1999) (citing Barker , 407 U.S. at 530-33, 92 S.Ct.
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“In Minnesota, delays beyond 60 days from the date of demand raise a presumption that a violation [of the right to a speedy trial] has occurred.” -16 (Minn. 1999); see also Minn. R. Crim.
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Rather, they are related factors and must be considered together with such other circumstances as may be relevant.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
We use a four-factor balanc ing test to determine whether a delay in a case violated the speedy-trial right and consider “(1) the length of the delay; (2) the reason for the delay; (3) whether the defendant assert ed his or her right to a speedy trial; and (4) whether the delay prejudiced the defendant.” State v. Windish , (citing Barker v. Wingo , 407 U.S. 514, 92 S. Ct. 2182 (1972)).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
I. Length of Delay “The length of the delay is a ‘triggeri ng mechanism’ which determines whether further review is necessary.” (quoting Barker, 407 U.S. at 530, 92 S. Ct. at 2192).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Rather, they are related factors and must be considered together with such other circumstances as may be relevant.” (quotation omitted).
- Antonio Xavier Daniels, petitioner, Appellant, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
A. Length of the delay “The length of the delay is a ‘triggering mechanism’ which determines whether further review is necessary.” State v. Windish
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Length of delay “The length of the delay is a ‛triggering mechanism’ which determines whether further review [of the Barker factors] is necessary.” State v. Windish
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
A. Length of the delay “The length of the delay is a ‘triggering mechanism’ which determines whether further review is necessary.” (quoting Barker, 407 U.S. at 530, 92 S. Ct. at 2192) .
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
(citing Barker v. Wingo, 407 U.S. 514, 530–32, 92 S. Ct. 2182, 2192–93 (1972)).
- State v. Osorio 891 N.W.2d 620 Minn. 2017
- State v. Osorio 891 N.W.2d 620 Minn. 2017
- State of Minnesota v. Yachin Kadimel Scott Minn. Ct. App. 2016
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State of Minnesota v. Yachin Kadimel Scott
Minn. Ct. App. 2016
right to a speedy trial; and (4) whether the delay prejudiced the defendant.” (citing Barker v. Wingo, 407 U.S. 514, 530-33, 92 S. Ct. 2182, 2192-93 (1972)).
- State of Minnesota v. Quentin Todd Chute 887 N.W.2d 834 Minn. Ct. App. 2016
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State of Minnesota v. Quentin Todd Chute
887 N.W.2d 834
Minn. Ct. App. 2016
that could be construed as the assertion of the speedy trial right.” d 311, 317 (Minn. 1999) (quotation omitted).
- State of Minnesota v. Jeremiah James Shefelbine Minn. Ct. App. 2016
- State of Minnesota v. Jeremiah James Shefelbine Minn. Ct. App. 2016
- State of Minnesota v. Jeremy Williams Minn. Ct. App. 2016
- State of Minnesota v. Jeremy Williams Minn. Ct. App. 2016
- State of Minnesota v. Trevon Fuller Minn. Ct. App. 2016
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State of Minnesota v. Trevon Fuller
Minn. Ct. App. 2016
318 (Minn. 1999) (quotation omitted).