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September 2, 2008
Delaware Supreme Court finds violation of Sixth Amendment speedy sentencing right
Thanks to this local article, I discovered the interesting work of the Delaware Supreme Court last week in Harris v. State, No. 125, 2008 (Del Aug. 28, 2008) (available here). Here is the start of the newspaper account of the state high court ruling:
The Delaware Supreme Court overturned the sentence of a man who pleaded guilty to sexual assault because a lower court violated his right to a speedy trial, taking six and a half years to sentence him. "We continue to assume that the Sixth Amendment to the United States Constitution requires a speedy sentencing and find that the sentencing delay in this case violated [Clinton H.] Harris's rights under that Amendment," Supreme Court Justice Henry duPont Ridgely said in the 12-page opinion issued last week.
According to court records, Harris was arrested on Sept. 16, 1999, on charges of second-degree rape and discharging a firearm from a dwelling. Harris pleaded guilty to first-degree unlawful sexual contact Jan. 3, 2001.
Here is the actual start of the Harris opinion:
Defendant-Appellant Clinton N. Harris appeals his conviction and sentence for a crime to which he pled guilty on January 3, 2001, for which he was not sentenced until February 8, 2008. Harris argues that his motion to dismiss the indictment should have been granted because the delay in sentencing violated his right to a speedy trial and due process.... In denying his motion to dismiss, the Superior Court characterized this case as one which “fell through the cracks.” We continue to assume that the Sixth Amendment to the United States Constitution requires a speedy sentencing and find that the sentencing delay in this case violated Harris’s rights under that Amendment.
September 2, 2008 at 11:23 AM | Permalink
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Comments
Well, a hail mary works on occasion.
Posted by: Soronel Haetir | Sep 2, 2008 1:16:04 PM
how do you have sex
Posted by: | Sep 13, 2008 4:23:25 PM
I am a student at Park University, I am months away from graduation in obtaining a degree in Criminal Justice. I enjoy reading current cases that violate any of the Amendments.
Posted by: Cynthia | Sep 22, 2008 8:13:50 PM




