Vermont v. Brillon

556 U.S. 81 (2009)

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Nature of the Case

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Facts

D was arrested in July 2001 on felony domestic assault and habitual offender charges. Nearly three years later, in June 2004, he was tried by jury, found guilty as charged, and sentenced to 12 to 20 years in prison. During the time between D's arrest and his trial, at least six different attorneys were appointed to represent him. D 'fired' the first, who served from July 2001 to February 2002. His third lawyer, who served from March 2002 until June 2002, was allowed to withdraw when he reported that D had threatened his life. On February 23, 2004, his final attorney filed a motion to dismiss for lack of a speedy trial. The trial court denied the motion on April 19. D was convicted and appealed his sentence. The Vermont Supreme Court charged against D the delays associated with the periods where he fired his counsels, but charged against P periods in which assigned counsel failed 'to move his case forward.' The majority concluded that all four of the factors described in Barker--'length of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant'--weighed against the State. The Supreme Court granted certiorari.