CROSS V. COM.
CRIMINAL: Speedy trial; Discovery
PUBLISHED: AFFIRMING; KELLER
DATE RENDERED: 4/27/2007
Utilizing Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), CA held Cross’s right to a speedy trial was not violated. Based on RCr 7.24, CA held that it was error for the Commonwealth to fail to disclose that Officer had test fired the gun and the results of that test. However, Cross failed to demonstrate how discovery violation prejudiced his defense; therefore, no error. Finally, TC did not abuse its discretion in striking potential jurors.
Digested by Scott Byrd