Why February 10 Is Not a Guaranteed Ruling Date
Author: Quincy K. / Contributing Writer: Flexburger
There are a lot of people who are expecting a ruling/update on Daniel’s competency on 2/10 (Tuesday). However, it's probably not going to happen on 2/10, and instead will likely be closer to this Thursday, Friday, or potentially even early next week. Yes, we know… it sucks.
The 2/10 filing deadline was for when the judge wanted the parties to submit their speedy trial calculations (as pictured below), not necessarily when she would rule on Daniel’s competency. Also, the judge has a trial every day this week so her time is limited.
Screenshot from the Feb 3rd hearing document.
On the 10th, both parties (the defense & prosecution) must submit their views on how the speedy trial timeline shall be calculated. Because the law strictly limits how long cases can be delayed, and Daniel’s hearing was postponed while he was in treatment, the judge wants both sides to agree on the timeline. This helps prevent future appeals claiming Daniel’s right to a speedy trial was violated.
The speedy trial calculation matters now that they're ruling on what is happening next:
If found competent: The trial must move forward within the remaining speedy trial time, so the judge needs to know exactly how much time is left.
If found incompetent: Another 4 month restoration period may be allowed, but the judge has to make sure the statutory timing remains lawful and properly excluded.
The judge requested the time calculation, so when she rules on whether he's competent or not, she can immediately include the timeline for trial or timeline for another treatment cycle.
As of 4pm on 2/9, the parties submitted their speedy trial calculation. The judge still needs to evaluate the calculation and make a final ruling which may take a few days.
2/9’s speedy trial calculation document.
Is there a small 10-20% chance this article ages horribly and we actually do get the results on the 10th? Yes. But when/if absolutely nothing happens on Tuesday, Larsonians will now know why.
To sum it up, today, the parties submitted the speedy trial calculation. Now, the judge is evaluating their submission and will on Daniel's competency which might not be until later in the week (Thursday or Friday) or potentially even early next week. We'll be the first to break the news and keep you updates as details are available.
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