DISCUSSION QUESTION
1. Defendant BS is indicted and arraigned. She pleads not guilty. She does not file any motions and the STA clock runs and runs. It is day 68. Neither the prosecutor nor court seem to be aware of this. You are BS’s counsel. Should you report this situation to the court? Or can you and BS simply wait two weeks and then move to dismiss because the case was not tried by the 70
days?
2. The FBI uncovers evidence that over 50 years ago defendant Ernie Largo participated as an aider and abettor in the murder of a federal official. (The statute of limitations does not expire in murder cases). Largo is now 79 years old, and is retired from the federal government, and living in Pensacola, Florida. His attorney files a motion to dismiss based on his right to speedy trial. In the same, he argues that his client is prejudiced by this prosecution because the alleged facts occurred half a century ago. Now, it is impossible to find any witnesses, and Largo undergoes
dialysis 2-3 times a week. You are the judge. How would you rule?
3. Can you think of any scenario where a criminal defendant would opt to stand trial in less than 30 days of arrest?
