business law

Name
Instructor
Task
Date
Charles Leon Kirksey aka Cedric Smith v. the State of Maryland
1. Facts
How the Case Began
Charles Leon Kirksey (also known as Cedric Smith) had been convicted of battery by the Harford County Circuit Court under a sworn statement of facts before a trial bench. The appellant was sentenced to three years in jail (with all but 18 months suspended, to be served consecutively to his sentence for a previous conviction) and a further three years of supervised probation upon release.
Having been indicted for two counts of bank robberies in Baltimore, Maryland, which violated 18 U.S.C. §§ 2113 sections (a) and (f), Kirksey pled guilty to one count while reserving a right to appeal. The district court, however, established that the defendant had previously been convicted on four occasions for violent crimes. Therefore, he was sentenced as a career offender in keeping with U.S.S.G. § 4B1.1 (which requires two previous crimes of violence), imposing a 151-month sentence on Kirksey.
Action Taken by the Parties
Kirksey appealed his sentence on grounds that his right to a speedy trial had been denied. He argues that the trial court erred in abnegating his request to dismiss since his right to a speedy trial was involved. The appellant cites the Sixth Amendment and the Maryland Declaration of Rights. According to the Sixth Amendment, “in all criminal prosecutions, the accused shall enjoy the right to a speedy… The trial” while the Maryland D…