Cited by

State v. Cole, 118 N.H. 829, 831 (1978) (observing that “unlike the federal courts, our courts do not work under fixed deadlines in speedy trial cases”).

In determining whether a defendant’s right to a speedy trial has been violated under the State Constitution, we apply the four-part test articulated in Barker v. Wingo, 407 U.S. 514, 530 (1972).

In considering this argument, the superior court applied the balancing test for speedy trial claims developed by the United States Supreme Court in the sixth amendment context in Barker v. Wingo, 407 U.S. 514, 530 (1972), and adopted by this court for use in the State constitutional context in State v. Cole, 118 N.H. 829, 831, 395 A.2d 189, 190 (1978).

State v. Cole, 118 N.H. 829, 831, 395 A.2d 189, 190 (1978) (adopting the Barker analysis for speedy trial claims raised under part I, article 14).

Barker v. Wingo, 407 U.S. 514, 530-33 (1972); State v. Colbath, 130 N.H. 316, 319, 540 A.2d 1212, 1213 (1988); State v. Cole, 118 N.H. 829, 831, 395 A.2d 189, 190 (1978).

The federal-State distinction is, however, academic here, because ever since State v. Cole, 118 N.H. 829, 831, 395 A.2d 189, 190 (1978), we have decided issues raised under article 14 in criminal cases by engaging in the same factor analysis adopted in Barker v. Wingo, 407 U.S. 514, 530-33 (1972), for resolving federal speedy trial claims.

Barker v. Wingo, 407 U.S. 514, 532 (1972); State v. Cole, 118 N.H. 829, 831, 395 A.2d 189, 190 (1978).

State v. Cole, 118 N.H. 829, 831, 395 A.2d 189, 190 (1978); see State v. Perron, 122 N.H. 941, 951-52, 454 A.2d 422, 428 (1982).

While being unable to lead a normal life may be prejudicial to the defendant, see State v. Cole, 118 N.H. 829, 831, 395 A.2d 189, 190 (1978); State v. Perron, 122 N.H. at 951, 454 A.2d at 427, the State points out that the defendant was not incarcerated during this thirteen-month period and was employed prior to trial.

This court puts substantial emphasis on the last two of the factors enunciated in Barker — whether the defendant asserted his right and the prejudice to the defendant.

Memories begin to dim almost immediately after an event occurs, and if that were to be a sufficient basis to hold that a defendant had been prejudiced to the point where he had been denied his right to a speedy trial, we would have to disregard the considerations we normally place upon the delay “with regard to the practical administration of justice.” See State v. Cole, 118 N.H. 829, 830, 395 A.2d 189, 190 (1978).

There is no doubt that the thirteen-month delay in this misdemeanor case triggers an examination into the question whether the defendant was denied his right to a speedy trial.

Barker v. Wingo supra; State v. Cole, 118 N.H. 829, 395 A.2d 189 (1978); State v. White, 116 N.H. 687, 366 A.2d 872 (1976).

This court places particular emphasis upon the latter two factors.

In State v. Cole, 118 N.H. 829, 395 A.2d 189 (1978), we held that a fourteen-month delay under the circumstances in that case constituted a denial of the right to a speedy trial.

State v. Dufield, 119 N.H. 28, 29, 398 A.2d 818, 819 (1979); State v. Cole, 118 N.H. 829, 830, 395 A.2d 189, 190 (1978).

This court recently had occasion to deal with the right to speedy trial.