Sheri’s Sidebar 11/08/2023 Edition # 18

Sheri’s Sidebar Edition #18 Nov. 3, 2023

  1. Are you aware that a signed WRITTEN WAIVER does NOT toll speedy trial; is NOT an excluded period; and therefore the “30 day buffer period” after excluded periods tolling speedy trial does NOT APPLY because a written waiver is not a continuance by definition under CrR 3.3?
  2. Did you know every time your client switches between in or out of custody the speedy trial time does not automatically revert between 60 and 90 days? What is the triggering event that causes the time frame to change? And where is it found?
  3. Are you aware there are different KINDS of continuances and not all types of continuances allow the tolling to attach or the “buffer period” to apply?
  4. Are you aware there are conditions and limitations to when some subsections can be used by the court?
  5.  Are you aware of the difference in standards and analysis between constitutional speedy trial and rule based speedy trial?