Johnson v. State


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Docket Number: 2003-KA-01250-COA

Court of Appeals: Opinion Link
Opinion Date: 11-02-2004
Opinion Author: Griffis, J.
Holding: Affirmed

Additional Case Information: Topic: Strong-arm robbery - Right to speedy trial
Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 06-13-2003
Appealed from: Scott County Circuit Court
Judge: Marcus D. Gordon
Disposition: STRONG-ARM ROBBERY- SENTENCED TO TWELVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
District Attorney: Mark Sheldon Duncan
Case Number: 03-CR-050-SC-G

  Party Name: Attorney Name:  
Appellant: Russell L. Johnson




EDMUND J. PHILLIPS



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

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Topic: Strong-arm robbery - Right to speedy trial

Summary of the Facts: Russell Johnson was convicted of strong-arm robbery and sentenced to twelve years. He appeals.

Summary of Opinion Analysis: Johnson argues that the court erred in denying his constitutional right to a speedy trial. The constitutional right to a speedy trial attaches, and time begins to run, upon the defendant's arrest. Factors the court must consider in determining if the right has been violated include length of delay, reason for delay, defendant's assertion of his right to speedy trial, and any resulting prejudice. The delay here was approximately three years and nine months, which is presumptively prejudicial. Johnson caused the delay, because he was absent from the community due to his employment off shore in another state. Johnson failed to assert his right to a speedy trial. Johnson merely suggests that the delay prejudiced his defense given that his half-brother could not be found at the time of trial. However, Johnson fails to support his assertion with even one such argument as to how this absence may have prejudiced his trial. Considering all the factors under the totality of circumstances, the initial presumption of prejudice has been overcome and no violation of Johnson's right to a speedy trial has resulted.


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