Third Circuit Orders Immediate Release Due To Speedy Trial Violation

In 2009, a Philadelphia man is caught in the act of home invasion, but his trial does not commence for over 50 months. Man: this is a violation of my fundamental right to a speedy trial. State court: no violation. Federal magistrate judge: no violation. Federal district court: no violation (adding there is "no merit" to the claim). Third Circuit: Yes, violation. Applying the requisite four-factor test, we order his release forthwith.

The case is Kennedy v. Superintendent Dallas SCI, No. 21-1265 (3d Cir. Oct. 11, 2022).