Published on: Monday, April 26, 2021

Reversing a district court, a federal appeals court decided Friday that criminal defendants were not robbed of their right to speedy trials or forced unconstitutionally to remain behind bars because the COVID-19 pandemic delayed their trials (article available here).

“Surely a global pandemic that has claimed more than half a million lives in this country, and nearly 60,000 in California alone, falls within such unique circumstances to permit a court to temporarily suspend jury trials in the interest of public health,” said the United States Court of Appeals for the Ninth Circuit

The appeals court ruling effectively affirms that COVID-19 was an emergency that forced some courts to take unprecedented steps, including delaying proceedings. It means criminal defendants are unlikely to prevail in arguing that pandemic-induced delays should allow them to be released from jail or have their charges dismissed.

In one of three cases the panel decided, it reinstated charges that had been dismissed with prejudice by the district court. The prosecution appealed.

The Circuit warned that more prolonged delays might violate the defendants’ rights.