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01/07/76 PEOPLE v. THEODORE WILLIAMS

January 7, 1976

PEOPLE
v.
THEODORE WILLIAMS



Appeal from Newaygo, Harold Van Domelen, J.

N. J. Kaufman, P. J., and R. B. Burns and G. R. Deneweth,* JJ.

SYLLABUS BY THE COURT

1. -- Prisoners -- Speedy Trial -- Criminal Sexual Psychopath -- Ionia State Hospital -- Statute.

The statute which requires the trial of an inmate of a state penal institution on any untried charge within 180 days after notice of imprisonment and a request for Disposition is given to the prosecuting attorney of the county in which the charge is pending, does not apply to a person who has been committed to the Ionia State Hospital as a criminal sexual psychopath (MCLA 780.131 et seq.; MSA 28.969[1] et seq.; MCLA 780.501; MSA 28.967[1]).

2. -- Speedy Trial -- Arrest -- Indictment.

A denial of the right to a speedy trial is generally based upon delay between arrest and indictment.

3. -- Speedy Trial -- Delay Between Complaint and Arrest.

A six-year delay between issuance of a murder complaint and the time of arrest is not a denial of the right to a speedy trial because the speedy trial guarantee does not attach until the arrest occurs.

4. -- Arrest -- Six-Year Delay -- Mental Patient -- Prejudice.

Dismissal of a murder charge because of a six-year delay between issuance of the complaint and the arrest of defendant was properly denied where defendant failed to show prejudice, the delay was caused by the prosecutor's belief that defendant was an incurable psychopath and would remain at a mental hospital, and there was no deliberate attempt to hamper the defense.

5. -- Speedy Trial -- Length of Delay.

The length of delay standing by itself is not determinative of a denial of the right to a speedy trial.

6. -- Immunity From Prosecution -- Criminal Sexual Psychopath -- Statutes.

A defendant is not immune from prosecution on a murder charge to which he confessed prior to his commitment as a criminal sexual psychopath where the particular murder charge was not the offense with which he originally stood charged and it was not ...


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