JAMES MADONIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Madonia was charged with burglary in 1989 but not arrested until 1992, over three years later. The appellate court reversed his conviction, finding that the three-year delay violated his Sixth Amendment right to a speedy trial under Doggett v. United States because the government failed to pursue the case with reasonable diligence and the delay was presumptively prejudicial.
Yes. The court held that a delay of more than three years is sufficient to make the delay presumptively prejudicial and require a Doggett inquiry. Based on the evidence that Madonia lived openly in Florida, the state made no apparent effort to locate him, and Madonia had no knowledge of the warrant, the trial court erred in not dismissing the charge.
[1] A delay of over three years between the filing of an information and arrest is presumptively prejudicial, triggering a speedy trial inquiry.
[2] Under the Sixth Amendment, a speedy trial analysis requires consideration of the length of the delay, the reason for the delay, the defendant's assertion of the right, an…
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Join FLexlaw to unlock all legal intelligence“Condoning prolonged and unjustifiable delays in prosecution would both penalize many defendants for the state's fault and simply encourage the government to gamble with the interests of criminal suspects assigned a low prosecutorial priority.”
Establishes the policy rationale for enforcing speedy trial rights even without particularized proof of prejudice from delay
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Join FLexlaw to unlock all legal intelligenceIn 1989, Madonia was charged with burglary during which he was shot, stabbed sixteen times, and had his throat cut. He was hospitalized for thirty day…
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HARRIS, Chief Judge.
In 1989, James Madonia was charged with one count of burglary. During the commission of the alleged offense, he was shot, stabbed sixteen times and had his throat cut. As a result of these injuries, Madonia was hospitalized for thirty days but no arrest on the charge was attempted. In fact, Madonia was not arrested until over three years later when a routine traffic stop revealed the warrant.
Madonia moved to dismiss the information, claiming that his late arrest violated his right to speedy trial under the principles of Doggett v. United States, — U.S.—, 112 S.Ct. 2686,120 L.Ed.2d 520 (1992). We agree and reverse.
Doggett cited Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), for the proposition that under a Sixth Amend ment challenge, the court must make four separate inquiries: whether the delay was uncommonly long, whether the state or defendant was more to blame for the delay, whether the defendant properly asserted his right to a speedy trial, and whether the defendant suffered prejudice as a result of the delay.
Doggett points out that unreasonable delay threatens harm in many ways, including “oppressive pretrial incarceration,” “anxiety and concern of the accused” and “the possibility that the [accused’s] defense will be impaired” by dimming memories and loss of exculpatory evidence. — U.S. at-, 112 S.Ct. at 2692. It is the last of these upon which Madonia relies in this appeal.
The Doggett court refused to accept the government’s argument that the defendant was required to make an affirmative showing that the delay weakened his ability to raise specific defenses or elicit specific testimony, recognizing that excessive delay presumptively compromises the reliability of a trial in ways that neither party can prove or identify. Although concluding that had the government pursued Doggett with reasonable diligence from indictment to arrest, his speedy trial claim would fail, the court nevertheless held that the government’s negligence in failing to timely prosecute Doggett would not be overlooked simply because Doggett could not demonstrate exactly how the delay had prejudiced him. The court held:
Condoning prolonged and unjustifiable delays in prosecution would both penalize many defendants for the state’s fault and simply encourage the government to gamble with the interests of criminal suspects assigned a low prosecutorial priority. The Government, indeed, can hardly complain too loudly, for persistent neglect in concluding a criminal prosecution indicates an uncommonly feeble interest in bringing an accused to justice; the more weight the Government attaches to securing a conviction, the harder it will try to get it.
To be sure, to warrant granting relief, negligence unaccompanied by particularized trial prejudice must have lasted longer than negligence demonstrably causing such prejudice. But even so, the Government’s egregious persistence in faffing to prosecute Doggett is clearly sufficient.
— U.S. at — - —, 112 S.Ct. at 2693-2694.
We find that a delay of more than three years is sufficient time to make the delay “presumptively prejudicial” and require a Doggett inquiry. As in Doggett, testimony in the instant case indicates that the appellant lived openly and under his own name with his son and his wife for four years after the state filed the information. Unlike Doggett, the appellant never left the country and apparently has received social security checks during the relevant period of time. He was hospitalized after the stabbing for at least a month and has continued living in Florida since that time. Also like Doggett, both appellant and his wife testified that they had no knowledge of the outstanding warrant prior to appellant’s arrest; the state introduced no contradictory evidence, and in fact, did not introduce any evidence of how they attempted to locate appellant. Based on the evidence before the trial court below, it was error not to dismiss the charge against Ma-donia.
REVERSED.
DAUKSCH and COBB, JJ., concur.
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Szembruch v. State, 910 So. 2d 372 (Fla. 5th DCA 2005)…5 U.S. 647, 112 S.Ct. 2686, 120 L.Ed.2d 520 (1992). See e.g. Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972) (a more than five year delay, though extraordinary, constitutes presumptive, not absolute, prejudice); Madonia v. State, 648 So. 2d 260 (Fla. 5th DCA 1994) (delay of more than three years was presumptively prejudicial). The term “presumptive prejudice,” as used in determining whether the interval between the accusation and the trial has crossed the threshold dividing ordinary from p…
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Niles v. State, 120 So. 3d 658 (Fla. 1st DCA 2013)…. 3d at 1336-37 (finding that a two-year delay between the indictment and the trial required the court to proceed with the full Barker test, and noting that delays exceeding one year are generally deemed presumptively prejudicial); Madonia v. State, 648 So. 2d 260, 261 (Fla. 5th DCA 1994) (holding that a three-year delay was presumptively prejudicial, triggered a Doggett inquiry, and violated the right to a speedy trial). Moreover, we conclude that this factor weighs heavily against the State because of the e…
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Simmonds v. State, 873 So. 2d 482 (Fla. 4th DCA 2004)…delay, necessitating the court to conduct an inquiry under Doggett v. United States, 505 U.S. 647, 112 S.Ct. 2686, 120 L.Ed.2d 520 (1992), as to the reason for the delay and to dispel the presumptive prejudice to the defendant. See Madonia v. State, 648 So. 2d 260, 261 (Fla. 5th DCA 1994). However, while petitioner alleges that he was unaware of the charges and was always available and working under his own name, his petition is not sworn, nor was any testimony offered at the hearing as to his availability fo…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972)
- Doggett v. United States, 505 U.S. 647 (U.S. 1992)