Convicted pedophile set free.

SKORPI0

Lifer
Jan 18, 2000
18,500
2,426
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Why is there a statue of limitations on raping a child?
It was statutory requirements for rights to a speedy trial (Sixth Amendment to the United States Constitution) which was violated.
This was delayed because McFadden’s lawyer sought to add provisions in the juror questionnaire, which took 2 years after his conviction and sentencing.

Of course there is no precise measurement of what is and what isn't speedy under the amendment. o_O

https://en.wikipedia.org/wiki/Speedy_Trial_Clause
 
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interchange

Diamond Member
Oct 10, 1999
8,029
2,885
136
It was statutory requirements for rights to a speedy trial (Sixth Amendment to the United States Constitution) which was violated.
This was delayed because McFadden’s lawyer sought to add provisions in the juror questionnaire, which took 2 years after his conviction and sentencing.

Of course there is no precise measurement of what is and what isn't speedy under the amendment. o_O

https://en.wikipedia.org/wiki/Speedy_Trial_Clause

Not sure why I read that wrong. I know about the speedy trial part. Somehow I got the idea that he couldn't be retried due to statute of limitations. But of course jeopardy had already attached so I was just being stupid.
 

justoh

Diamond Member
Jun 11, 2013
3,686
81
91
It was statutory requirements for rights to a speedy trial (Sixth Amendment to the United States Constitution) which was violated.
This was delayed because McFadden’s lawyer sought to add provisions in the juror questionnaire, which took 2 years after his conviction and sentencing.

Of course there is no precise measurement of what is and what isn't speedy under the amendment. o_O

https://en.wikipedia.org/wiki/Speedy_Trial_Clause

This is a CO decision based on CO law, and they give 6 months. "Due to the unique circumstances of the case, the [delay] can't be attributed to the defendant." Can't find any information about what these unique circumstances could be.

There's almost no information about this case in the OP, the thread, or that's easily searchable. At least interchange injected some kramer into the mix.
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,330
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It was statutory requirements for rights to a speedy trial (Sixth Amendment to the United States Constitution) which was violated.
This was delayed because McFadden’s lawyer sought to add provisions in the juror questionnaire, which took 2 years after his conviction and sentencing.

Of course there is no precise measurement of what is and what isn't speedy under the amendment. o_O

https://en.wikipedia.org/wiki/Speedy_Trial_Clause

Looks like it is a state law that guarantees defendants a trial, I assume a completed trial, in 6 months. The defendant can waive that right if the defense wants/needs continuances which happened twice during his trial.