Ashburn v. Korte

Dist. Ct. did not err in denying defendant’s habeas petition that challenged his murder conviction on ground that his appellate counsel was ineffective for failing to raise constitutional Speedy Trial issue, where govt. took 20 months to bring its case to trial. Defendant was responsible for 11 months of said delay, and although defendant requested speedy trial at his arraignment, he also sought numerous extensions of time. Moreover, defendant failed to establish any prejudice arising out of instant delay, where defendant was already incarcerated on separate offense, and where he did not claim that delay hindered his ability to prepare for his defense. Ct. also rejected defendant’s claim that trial court improperly gave accountability instruction to jury, after finding that defendant was on notice that he could be found guilty of murder on accountability theory, and that instruction was appropriate where: (1) defendant was seen with victim shortly before murder; (2) defendant possessed same caliber of gun used in murder; and (3) defendant’s identification cards were found near victim’s body.