AGRON v. D'ILIO et al

Filing 25

MEMORANDUM OPINION & ORDER directing Respondent to file a supplemental brief and any additional exhibits addressing the Barker v. Wingo, 407 U.S. 514 (1972) test within 30 days of this order, etc. Signed by Judge Noel L. Hillman on 1/23/2020. (dmr,)(n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

JOSE A. AGRON,
Petitioner,

1:15-cv-2835 (NLH)
MEMORANDUM OPINION & ORDER

v.
STEPHEN D'ILIO, et al.,
Respondents.

APPEARANCES:
Linda A. Shashoua, Esq.
Camden County Prosecutor's Office
Appeals Unit
25 North Fifth Street
Camden, NJ 08102
Attorneys for Respondent
Jose A. Agron
979913-B/558818
NJSP
P.O. Box 861
Trenton, NJ 08625
Petitioner pro se

HILLMAN, District Judge
WHEREAS, Petitioner Jose A. Agron filed an amended petition
for writ of habeas corpus under 28 U.S.C. § 2254 arguing, among
other claims, that his speedy trial rights under the Sixth
Amendment were violated, see ECF No. 3 at 8; and
WHEREAS, Respondent’s answer to the speedy trial claim
cursorily asserted that Petitioner had not exhausted this claim

in the state courts and was not prejudiced by any delay in
bringing his case to trial, see ECF No. 14 at 89; and
WHEREAS, to determine whether a petitioner's Sixth
Amendment right to a speedy trial has been violated, a court
must consider both the defendant's and the prosecution's conduct
and consider four factors specific to the given case, namely:
(1) the length of delay; (2) the reason for the delay; (3)
whether, when, and how the defendant asserted his right to a
speedy trial; and (4) prejudice to the defendant by the delay.
Barker v. Wingo, 407 U.S. 514, 530 (1972); and
WHEREAS, the Court concludes that further briefing on the
speedy trial issue from Respondent is warranted.

Respondent

shall file a supplemental brief and any additional exhibits
addressing the Barker test within 30 days of this order.
Petitioner may respond within 30 days of the supplemental brief;
THEREFORE, IT IS on this

23rd

day of January, 2020

ORDERED that Respondent shall file a supplemental brief and
any additional exhibits addressing the Barker v. Wingo, 407 U.S.
514 (1972) test within 30 days of this order.

Petitioner may

respond within 30 days of the supplemental brief; and it is
finally

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ORDERED that the Clerk shall serve a copy of this Order
upon Petitioner by regular mail.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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