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The defendant was charged with sexually assaulting 6 children and being a habitual sex offender against children. The trials of all of these victims were consolidated. On two previous occasions, the defense asked for a continuance and waived his right to a speedy trial in order to secure the continuance. Prior to the third trial date, there was a jury questionnaire which was drafted by the defense which referenced Mr. McFadden's prior offense, which both parties were comfortable with, given the court's ruling that the facts of the prior offense were going to be admissible. After the questionnaire had been passed out to the jury, the judge noticed the reference to the prior offense, admitted he had not read the questionnaire and a discussion ensued about whether the defendant could receive a fair trial with the reference.

Ultimately the court found that the defense was, in part, at fault for the jury hearing this information, and said that the court of appeals would find it to be plain error to move forward with this jury pool.

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The judge granted sprngs continuance kn the xt, over the objection of the defense, finding that the defense's role in this situation waives his statutory right to his case being tried within 6 months, and reset the case for trial. Due to the great work of the DA on the case, at the next trial date, Mr. McFadden was convicted of nineteen counts as well as being adjudged a habitual sex offender, and was sentenced to more than years in prison. The court of appeals found that the trial court erred in determining that a continuance was required, disagreed that the delay was chargeable to the defense and therefore violated the defendant's speedy trial rights.

This was found despite the trial court continuing the case to protect the defendant's Constitutional rights to a fair trial.


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