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John Edward Divver v. State of Maryland, No. 19, September Term, 1999.

[Constitutional Right to Speedy Trial - First assigned trial date of District Court prosecution was one year and sixteen days after arrest. Case tried that date. Held: Under Barker v. Wingo balancing test, right violated.]

Circuit Court for Howard County Case CR # 35899

IN THE COURT OF APPEALS OF MARYLAND No. 19 September Term, 1999 _________________________________________

JOHN EDWARD DIVVER

v.

STATE OF MARYLAND _________________________________________ Bell, C.J. Eldridge Rodowsky Raker Wilner Cathell Karwacki, Robert L. (retired, specially assigned), JJ. _________________________________________ Opinion by Rodowsky, J. _________________________________________ Filed: October 15, 1999

The petitioner, John Edward Divver (Divver), contends that he was denied his constitutional right to a speedy trial in the District Court of Maryland. Before addressing the merits of that contention we must decide whether that issue was unreviewable on petitioner's de novo appeal to the Circuit Court for Howard County and, if reviewable there, in what manner that review was to have been conducted. On May 25, 1996, at approximately 12:15 a.m., a Howard County police officer arrested Divver for driving while intoxicated or driving under the influence of alcohol in violation of Maryland Code (1977, 1999 Repl. Vol.),

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Maryland Law