PEOPLE'S LEGAL FRONT

BECAUSE THESE ARE NOT THE TRADE SECRETS OF ATTORNEYS

LAWS MOTIONSLINKS

DEFENDANTíS ASSERTION TO FAIR AND SPEEDY TRIAL

COMES NOW Robin C. McDermott, Defendant, pursuant to RSMo 547.780 and the Sixth Amendment to the United States Constitution and asserts her right to a fair and speedy trial in the above-styled case and for her cause states the following:

    1. The defendant has been called to answer a criminal charge against her in this matter since 4 February 1998.
    2. The defendant has been present in this honorable Court for docket call on 7 April 98, and on 20 June 98, and on 25 August 98, and on 19 October 98 and on 12 November 98, at each of which times the prosecution informed this Court its readiness to proceed to trial and accepted docketing for jury weeks.
    3. The defendant has at no time requested continuance of this case but has continually manifested her willingness to answer the criminal charge brought against her.
    4. The defendant maintains that justice delayed is justice denied.
    5. The defendantís good name and reputation, her health and well-being are all continually under the dark cloud of the City of Springfieldís allegations and charge without resolution.
    6. The defendant asserts her right to a speedy and public trial by an impartial jury and her right to be confronted with the witnesses against her.
    7. The defendantís right to due process has been and continues to be substantially prejudiced by the failure of the City of Springfield to conclude this case in a fair and speedy manner.

WHEREFORE, the defendant asks this honorable Court to compel the City of Springfield to bring all witnesses and evidence it believes substantiate the charge it has levied against defendant at the next jury week as is presently scheduled, or in the alternative, defendant asks that the court ,on it s own motion, cause the charge against defendant to be dismissed with prejudice for failure of the prosecution to safeguard defendantís constitutionally protected right to a fair and speedy trial through these unwarranted delays in bringing its case.

Respectfully submitted,

 

 

_____________________________

Robin C. McDermott

1601 North Waverly Avenue

Springfield, MO 65803

 

 

 

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was mailed postage paid to the Assistant City Prosecutor, Ron Dirickson, at 625 North Benton, Springfield, MO 65806 on 5 February 99.

So certified: _______________________________

Robin C. McDermott

 

 

 

 

 

 

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