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Court Hears Arguments in State v. Puente Over Nearly Three-Year Delay, Defense Says Speedy‑trial Violation
Summary
At oral argument, appellant Hannah Levitt Howell told the Utah Court of Appeals that nearly 35 months of delay—much of it pandemic‑era—violated Mr. Puente’s speedy‑trial rights and that trial counsel was ineffective for not objecting to prosecutorial remarks about motive. The state countered that most delay was attributable to the defendant and that prejudice to defense was not shown.
Hannah Levitt Howell, counsel for appellant Jose Puente, told the Utah Court of Appeals on the first morning of oral arguments that Mr. Puente’s trial was delayed nearly three years and that the trial court erred by denying his motion to dismiss on speedy‑trial grounds. "Mister Puente raises 2 issues," Howell said, identifying both the speedy‑trial claim and a separate ineffective‑assistance claim tied to closing‑argument remarks.
Howell said the Barker factors favor reversal: the delay was almost 35 months; she attributed roughly 207 days of delay to defense actions and about 121 days to the State; she also argued Puente consistently asserted his right to a speedy trial and suffered prejudice in the form of anxiety and danger while incarcerated during…
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