Category Archives: Second Circuit

Federal Appeals Court Determines Sixth Amendment Speedy Trial Rights Belong To The Defendant Not The Defense Attorney: Where Client And Attorney Disagree, The Trial Court Is Bound By The Assertions Of The Defendant

United States v. Tigano

Second Circuit Court of Appeals

Decided on January 23, 2018

Docket No.: 15-3073

Where a defendant and his attorney disagree on whether to waive speedy trial rights, the assertions of the defendant are controlling because speedy trial rights belong to the defendant, not his attorney.

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Issue: Whether the Government violated the Sixth Amendment Speedy Trial rights of the defendant where his trial was delayed by more than seven years and where defense attorney and defendant disagreed on whether to waive his speedy trial rights.

Holding: The Sixth Amendment Speedy Trial Rights of the Defendant were violated where numerous delays caused by the Court, the government and his attorney caused the delay. Most importantly, the Second Circuit established an important rule that where the defendant and his attorney disagree as to whether or not to waive speedy trial rights, the wishes of the defendant must be observed by the court because the right to a speedy trial belongs to the defendant, not to the defense attorney.

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