Dickey v. Florida, 398 U.S. 30 (1970)

CERTIORARI TO THE DISTRICT COURT OF APPEAL

OF FLORIDA, FIRST DISTRICT

Syllabus

During a period of over seven years while petitioner was in federal custody and available to the State of Florida, which had issued a warrant for his arrest on a state criminal charge, petitioner made repeated but unsuccessful efforts to secure a prompt trial in the state court. During that period, two witnesses died, another potential defense witness allegedly became unavailable, and possibly relevant police records were lost or destroyed. Thereafter, the State filed an information against petitioner and, following denial of petitioner’s motion to quash on the ground that he had been denied his right to a speedy trial under the Sixth Amendment as made applicable to the States by the Fourteenth Amendment, petitioner was convicted and the appellate court affirmed.

Held: On the record in this case, where petitioner was at all times available to the State and there was no valid excuse for the prejudicial delay, the judgment against petitioner must be vacated by the trial court. Pp. 36-38.

215 So.2d 772, reversed and remanded.