West v. Symdon

Dist. Ct. did not err in denying defendant's habeas petition alleging that his constitutional right to speedy trial was violated by 14-month delay in bringing defendant's second-degree sexual assault of child charge to trial. Defendant failed to establish any prejudice arising out of instant delay where: (1) defendant was incarcerated for separate offense during instant delay; (2) defendant could not base prejudice claim on fact that potential alibi witness had died prior to trial, since said death occurred only six months after state had filed complaint; and (3) result of trial would not have been different given strength of evidence against defendant.