Shawn Khalifa v. Brenda Cash

FILED

UNITED STATES COURT OF APPEALS FEB 19 2015

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

SHAWN MALONE KHALIFA, No. 12-56230

Petitioner - Appellant, D.C. No. 5:10-cv-01446-GAF-

PLA

v. Central District of California, Riverside BRENDA M. CASH, Warden,

Respondent - Appellee. ORDER AMENDING

Before: PREGERSON, TALLMAN, and BEA, Circuit Judges.

The dissent filed on November 25, 2014 is hereby amended.

FILED

Khalifa v. Cash, No. 12-56230 (Amended Dissent) FEB 19 2015

MOLLY C. DWYER, CLERK

PREGERSON, Circuit Judge, dissenting: U.S. COURT OF APPEALS

Shawn Khalifa1 appeals his felony murder conviction arguing his Sixth

Amendment speedy trial rights were violated.

The disposition correctly applied the first Barker factor by finding that the

three-and-a-half year delay was “clearly lengthy and thus presumptively

prejudicial.” The disposition correctly determined that the second factor was

neutral because most of the delay was caused by Khalifa’s…