New Mexico v. Castro

August 24, 2017 by Justia

Defendant Jesus Castro was charged with two counts of criminal sexual penetration. Defendant had two trials: the first resulted in a mistrial, and after the second, a jury convicted him of one count of forced penile penetration. The time between the trials was thirty-two months. The delay was due to multiple continuances, attorney motions to withdraw, the mistrial, and fifteen months during which the case was stagnant. Despite the delay in setting his retrial, neither Defendant nor his attorney, Jonathan Huerta, asserted Defendant’s right to a speedy trial before his conviction. Four and one-half months after Defendant’s conviction, his new attorney filed a post- trial motion to dismiss with the district court based on speedy trial grounds. The motion alleged that Defendant failed to assert his right earlier due to ineffective assistance of counsel. The district court denied Defendant’s motion to dismiss. On appeal, the Court of Appeals remanded the case back to the district court, instructing it to hold an evidentiary hearing to determine whether there was ineffective assistance of counsel, particularly regarding Huerta’s failure to assert Defendant’s right to a speedy trial. If the district court found that Huerta’s assistance was constitutionally ineffective, the Court of Appeals instructed it to reassess whether Defendant’s right to a speedy trial had been violated. The State filed a petition for writ of certiorari with New Mexico Supreme Court to determine whether “the mere failure to file a demand for a speedy trial establish[es] a prima facie case of ineffective assistance of counsel.” The Court held Defendant’s right to a speedy trial was not violated and Defendant did not make a prima facie showing of ineffective assistance of counsel because Huerta may have strategically withheld a demand for a speedy trial if it would benefit Defendant’s case. Accordingly, the Court reversed the Court of Appeals without prejudice to a habeas corpus petition, which Defendant could bring to resolve whether Huerta provided ineffective assistance of counsel for failing to assert Defendant’s speedy trial right, in addition to any other allegations of ineffective assistance of counsel. View "New Mexico v. Castro" on Justia Law