The State's exclusive reliance on the Barker factors reflects a fundamental misunderstanding of the rights of a criminal defendant to a speedy trial in Kansas. Such rights are protected in Kansas both by statute and constitutional provisions; the statutory provision establishes definite limits within which a defendant must be brought to trial. . . . If the statutory limits have been exceeded, there is no need for a constitutional analysis.
Because there was really little doubt that the statutory limits had been exceeded, the COA affirmed the dismissal. As a side note, I argued this case on February 6 and got a decision on February 23. Seventeen days from argument to decision may be a record for me (a speedy appeal!).
[Update: the state did not file a petition for review and the mandate issued on March 29, 2007]