Court Failure to Render a Timely Decision on a Sentence
In a comparable due process challenge to the failure of the court to render a timely decision on a sentence reconsideration motion, "the major element of due process delay is 'substantial prejudice' caused by the delay." State v. Dean, 148 Vt. 510, 514, 536 A.2d 909, 912 (1987) (quoting State v. Hall, 145 Vt. 299, 307, 487 A.2d 166, 171 (1984));
see also In re O'Dea, 159 Vt. 590, 597-98, 622 A.2d 507, 512 (1993) (same).
Similarly, in assessing speedy trial claims under the Barker standard, we have emphasized that prejudice is the most important factor and have held "where there is no prejudice to the defense at trial, a speedy-trial claim cannot prevail." State v. Turgeon, 165 Vt. 28, 35, 676 A.2d 339, 343 (1996).
The above are quotes from Case Law and Statutes. the information is not legal advice and is not guaranteed to be up-to-date complete or correct. Some of the quotations were edited for clarity.
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