Stark v. State


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Docket Number: 2000-KA-01789-SCT

Supreme Court: Opinion Link
Opinion Date: 07-28-2005
Opinion Author: Dickinson, J.
Holding: Affirmed

Additional Case Information: Topic: Aggravated assault - Right to speedy trial
Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ.
Non Participating Judge(s): Diaz, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 01-31-2000
Appealed from: Jackson County Circuit Court
Judge: T. Larry Wilson
Disposition: Appellant was convicted of aggravated assault and sentenced to fifteen years with twelve years suspended and three years to serve.
District Attorney: Anthony N. Lawrence, III
Case Number: 99-10,320

  Party Name: Attorney Name:  
Appellant: Justin Stark a/k/a Justin Allen Stark




H. BERNARD GAUTIER, PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: W. DANIEL HINCHCLIFF  

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Topic: Aggravated assault - Right to speedy trial

Summary of the Facts: Justin Stark was convicted of aggravated assault and was sentenced to fifteen years, with three years suspended and twelve years to serve. He appeals.

Summary of Opinion Analysis: Stark argues that his constitutional and statutory rights to a speedy trial were violated. In determining whether a defendant’s right to a speedy trial was violated, the court considers length of delay, reason for delay, defendant’s assertion of his right, and prejudice to the defendant. The delay between Stark’s arrest and his trial was 624 days which is presumptively prejudicial. Most of the delay was attributable to Stark and/or good cause. Stark filed motions to dismiss for failure to provide a speedy trial. However, he never requested nor moved for a speedy trial. Stark fails to suggest any evidence, potential witness, or case theory which escaped his reach because of the delay. There is therefore no basis to hold that the delay in the proceedings impaired Stark’s defense of the case. Given these factors, Stark’s constitutional rights to a speedy trial were not violated. With regard to his statutory right, continuances for good cause cover a period of 350 days which, when subtracted from the total delay of 393 days from arraignment to trial, results in a delay counted against the State of 43 days. Accordingly, Stark was tried within the 270-day statutory limit.


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