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On Monday, March 9, the Supreme Court announced its decision in Vermont v. Brillon. In this case, the Supreme Court considered whether delays caused solely by public defenders can constitute a violation of a criminal defendant’s Sixth Amendment right to a speedy trial on the theory that such delay is attributable to the state. In a 7-2 decision delivered by Justice Ginsburg, the Court held that delay caused by a defendant’s counsel, whether publicly assigned or privately retained, is ordinarily attributable to the defendant, reversing the Vermont Supreme Court ruling below. Assistant United States Attorney for the Southern District of Florida Ted Cooperstein discusses the decision.

 

 

 

Oral Argument - January 13, 2009:
http://www.supremecourtus.gov/oral_arguments/argument_transcripts/08-88.pdf

 

Decision - March 9, 2009:
http://www.supremecourtus.gov/opinions/08pdf/08-88.pdf

 

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