Moore v. Arizona, 414 U.S. 25 (1973)

ON PETITION FOR WRIT OF CERTIORARI

TO THE SUPREME COURT OF ARIZONA

Syllabus

Where petitioner was tried for murder in Arizona almost three years after he was charged and 28 months after he first demanded that Arizona either extradite him from California, where he was serving a prison term, or drop a detainer against him, the Arizona Supreme Court, in affirming the denial of petitioner’s pretrial habeas corpus application, erred in ruling that a showing of prejudice to the defense at trial was essential to establish a federal speedy trial claim. In addition to possible prejudice, a court must weigh the reasons for delay in bringing an incarcerated defendant to trial, and should also consider the possible impact pending charge might have on defendant’s prospects for parole and meaningful rehabilitation. Smith v. Hooey, 393 U.S. 374; Dickey v. Florida, 398 U.S. 30; Barker v. Wingo, 407 U.S. 514.

Certiorari granted; 109 Ariz. 111, 506 P.2d 242, vacated and remanded.