Author Topic: 05-15-07: Titus trial delayed again and again...  (Read 4694 times)

TK

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05-15-07: Titus trial delayed again and again...
« on: May 15, 2007, 01:23:43 PM »
Today Judge Jackie Glass has pushed the trial setting back to June 21, 2007 while the court awaits the outcome of the appeal to the supreme court. We’ll have to wait another month before hearing if this case will go to trial in 2007. We will keep you posted on any news related to the Supreme Court’s ruling.




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stuntmovie

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Re: 05-15-07: Titus trial delayed again and again...
« Reply #1 on: May 15, 2007, 08:18:35 PM »
How does the "right to a speedy trial" affect this situation?

Would a "delay" technicality result in favor of the accused(s) and possibly set them free?

Any intelligent answers?

If Craig does go free, whom on this Board will he want to be talking with first?

Zugzwang

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Re: 05-15-07: Titus trial delayed again and again...
« Reply #2 on: May 16, 2007, 06:55:53 AM »
Judging from those pictures of how he looks now, I think it's a matter of 'who cares'.
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stuntmovie

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Re: 05-15-07: Titus trial delayed again and again...
« Reply #3 on: May 16, 2007, 02:42:54 PM »
According to Wikipedia ......

Speedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings. The right to a speedy trial, guaranteed by the 6th Amendment, is intended to ensure that defendants are not subjected to unreasonably lengthy incarceration prior to a fair trial. Violations of the principle, such as where the State has failed to bring the case to trial for an "unreasonable" length of time, may be a cause for dismissal of a criminal case.

In the U.S., the length of time can either be defined by statute (for example, in New York, the prosecution must be "ready for trial" within six months on all felonies EXCEPT MURDER, or the charges are dismissed by action of law, without regard to the merits of the case), or determined by a court under a substantive theory based on the 6th Amendment; which states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial..." This argument is typically made in cases in which a significant amount of time has lapsed between the date of the commission of the crime and the date of arrest.

Most, if not all, statutes defining the period of speedy trial time also include various exceptions to this rule. Examples of such exceptions are periods of time in which the delay preceding the trial is due to the request of the defense, or if there is good cause shown for the delay.

Courts can easily circumvent speedy trial requirements by scheduling hearings, status conferences, and other legal minutia as far apart as possible. When more time is desired, prosecutors can resort to simply filing a motion and requesting that a hearing on the motion be scheduled far in the future. This process can be repeated until years or even decades have elapsed. If the defendant responds to such motions, or otherwise participates in pre-trial legal-wrangling, the court is free to impose the opinion that the defendant has relinquished his right to a speedy trial, which removes any legal limits on further delays. However, this risks drawing the ire of the judge, who can refuse the motions and order that the parties get on with the case.

This tactic is used in conjunction with repeated offers for a plea bargain, in order to encourage the defendant-victim to "get on with his life", rather than waste time and money in endless court proceedings.
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Anyone have specific details on how the 6th Amendment would refer to this particular case in Nevada? Is the Titus Case delay due to the requests/actions of the Defense? I have not been keeping up with the daily play to play in this case, but maybe one of you GetBiggers are keeping current.

tommywishbone

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Re: 05-15-07: Titus trial delayed again and again...
« Reply #4 on: May 17, 2007, 02:45:13 AM »
He "waved time" ergo, no "speedy trial".
a

stuntmovie

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Re: 05-15-07: Titus trial delayed again and again...
« Reply #5 on: May 17, 2007, 11:36:16 AM »
Thanks, Tommy. Do you recall the reason he "waived time"?

Have not yet been able to find any updates here in LV.

tommywishbone

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Re: 05-15-07: Titus trial delayed again and again...
« Reply #6 on: May 18, 2007, 12:23:18 AM »
Sure SM.. I've "waived time" in all my criminal cases over the past many years. It gives a defendant move time to "work through the charges" and prep your defense.

That said... I've always been guilty of the crimes ;D and was trying to negotiate and work the system, and get the best deal I could. Now if a defendant is truely innocent, they should never wave time IMO.

I don't recall Titus' lawyer ever giving a reason, but I'm sure it's the same as I've encountered.
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stuntmovie

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Re: 05-15-07: Titus trial delayed again and again...
« Reply #7 on: May 18, 2007, 08:27:19 PM »
Thanks, Tommy! You're an honest critter!

Now I have no worries about collecting my $100.00.

Didn't Keith take you up on that bet too? He'll throw it right on the Hard-Eight.

PRO_Crastinator

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Re: 05-15-07: Titus trial delayed again and again...
« Reply #8 on: May 19, 2007, 02:03:47 PM »
He's a flight risk so he won't get a speedy trial.

tommywishbone

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Re: 05-15-07: Titus trial delayed again and again...
« Reply #9 on: May 19, 2007, 05:43:15 PM »
"Didn't Keith take you up on that bet too? He'll throw it right on the Hard-Eight."

 ;D Ya, Keith is in for a hundy. Payable @ the Olympia. At the rate things are going, it might be the 2008 Olympia. :)
a