Ernest Paul Maldonado v. Frank A. Eyman, Warden, Arizona State Prison

Appellant seeks release on habeas corpus from Arizona state custody pursuant to state conviction of the crime of burglary. He has appealed from the order of the District Court denying the writ without issuing an order to show cause or holding an evidentiary hearing. Two issues are presented by this appeal.

1. Appellant contends that the delays between arrest, on March 8, 1961, and arraignment, on May 26, 1961, 79 days, and between arraignment and trial, on August 29, 1961, 95 days, were an unconstitutional violation of his right to speedy trial.

That right does not depend on any fixed formula or time limitation, but upon all the circumstances of the ease. Relevant factors include reasons for the delay, demands by the accused and treatment of the accused by the police.

Here defendant gives no indication as tó how he was prejudiced by the delay. His confession (with which we deal later) was in no way attributable to delay. Under all of the circumstances we find no violation of constitutional rights. In this respect the District Court is affirmed. See State v. Maldonado, 92 Ariz. 70 , 373 P.2d 583 (1962), cert. denied, 371 U.S. 928 , 83 S.Ct. 299 , 9 L.Ed.2d 236 (1962).

2.…