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Book Reviews
Author(s) -
Fiona Lalloo
Publication year - 2004
Publication title -
oncology
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.987
H-Index - 98
eISSN - 1423-0232
pISSN - 0030-2414
DOI - 10.1159/000078490
Subject(s) - medicine
S OF RECENT CASES that defendant neither ate nor drank within a his privilege against self-incrimination. One judge minimum of fifteen minutes prior to taking the test. dissented. Self-Incrimination-State v. McCarthy, 104 N.W.2d 673 (Minn. 1960). Defendant was convicted of drunken driving. On appeal, he contended that the trial court erred in denying his motion for mistrial which was based on the fact that the arresting officer had testified that defendant had been requested to submit to a urinalysis and that no such test had been made. The Supreme Court reversed and granted a new trial, holding that the motion for mistrial should have been granted since Mn. STAT. §611.11, providing that in criminal cases defendant's failure to testify shall not create any presumption against him and shall not be alluded to by a prosecuting attorney, meant that no liability would attach for the failure or refusal of defendant to submit to a urinalysis and that comment on defendant's refusal to submit violated Speedy Trial-Rost v. Municipal Court of Southern Judicial District, 7 Cal.Rptr. 869 (Dist. Ct. of App. 1960). After the filing of a complaint charging him with the misdeameanor of drunken driving, defendant moved for dismissal, but it was denied. In petitioning for a writ of prohibition commanding the municipal court to desist from further criminal proceedings, the defendant contended that an unexplained delay of 140 days between the filing of the complaint and his arrest deprived him of his right to a speedy trial under both the federal and state constitutions. The California District Court of Appeals granted the writ and ordered defendant's dismissal, holding that the unexplained lapse of 140 days in a misdeameanor proceeding, where the defendant was available for arrest, was an unreasonable delay which violated defendant's constitutional rights.

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