Nagi v. California

Petitioner-defendant Farouk Nagi appealed the court of appeals’ judgment affirming his conviction and sentence for sexual assault on a child by one of a position of trust. He also argued the district court lacked sufficient grounds to justify ordering a competency evaluation, and that the period during which petitioner was under observation or examination was not properly excluded from the calculation of time within which trial was statutorily required. The court of appeals rejected petitioner’s assertion he was denied his statutory right to a speedy trial. In the absence of any specific assertion or indication in the record that the district court’s order was entered in bad faith, for the purpose of circumventing the statutory speedy trial mandate or otherwise depriving the defendant of a protected interest, rather than from any concern for the defendant’s rights or the integrity of the judicial process, the Colorado Supreme Court affirmed the court of appeals. View "Nagi v. California" on Justia Law