People v. Staake

Defendant was convicted, after jury trial, of 2nd degree murder in stabbing death, and was sentenced to 18 years. The 1st-degree murder charge was not a new and additional charge, and it thus relates back to the original 2nd degree murder charge. Any delays attributable to Defendant on initial charge are also attributable to him on subsequent charge. As no speedy-trial violation occurred, trial counsel's failure to raise a speedy-trial claim was neither deficient nor prejudicial. (KARMEIER, FREEMAN, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)