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SUPERIOR COURT OF THE STATE OF RIDGEWAY
No. 2124
BETWEEN:
State of Ridgeway
Plaintiff
and
TALAN10101
Accused
JUDGEMENT ON MOTION
The accused was indicted on September 29, 2023. On January 24, 2024, the accused
moved for mistrial on the grounds that his right to be tried within a reasonable time had
been and continues to be infringed.
The question of whether court delays are unreasonable often results in the micro-
counting of who to attribute delays to. This practice is unpredictable, confusing, and
complex. Moreover, it allows tolerance of ever-increasing delays and contributes to a
culture of delay and complacency towards it.
The framework I prefer is a presumptive ceiling. If the total delay from the charge to
the actual or anticipated end of trial exceeds the ceiling, then the delay is presumptively
unreasonable. The presumptive ceiling is 30 months for cases involving an indictment
or a preliminary inquiry and 18 months for all other cases. Delay by the government or
institutional delay counts towards the presumptive ceiling. Delay attributable to or
waived by the defence does not count towards the presumptive ceiling.
Once the presumptive ceiling is exceeded, the burden is on the government to rebut
the presumption of unreasonableness on the basis of exceptional circumstances. If the
government cannot do so, a mistrial will be declared.
The present matter is a case involving an indictment and the accused’s trial is currently
still underway, so the duration from the charge to the anticipated end of trial would be,
at a minimum, 117 days. This delay, being under 30 months, is not unreasonable.
The motion for mistrial is denied.
Dated at the City of Palmer, in the State of Ridgeway on January 24, 2024.
“koala4Iife”
Judge koala4Iife
Document record
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Sep 29, 2023 12:00 PM
Filed
Sep 29, 2023 12:00 PM
Filing code
CRIMINAL_COMPLAINT
Uploaded by
state of ridgeway
Notes
2124motionmistrial.pdf — archived from the Trello docket (https://trello.com/c/0z4zJNjP)
