Legal Question in Criminal Law in Tennessee

First:

Don't confuse speedy trial with a hearing on a violation of probation. I've had many clients in jail in one jurisdiction whose arrest generated a violation of probation in another jurisdiction. They want to be sent back to the original jurisdiction to have a speedy violation of probation hearing (often in the hope of receiving a concurrent sentence with the sentence they are serving from the new conviction). Tennessee does not recognize a "right" to a speedy hearing on a violation of probation. It may be possible to get transported to the original county of conviction for a hearing. I have even had a judge honor a written waiver of appearance and admission of violation of probation (and with the agreement of the District Attorney, order the old sentence to be served concurrent with the new sentence) without the inmate ever leaving the prison.

Assuming you really do mean: "speedy trial" on untried charges, there is no right to be transported while still serving another sentence BUT if the State does not give you a speedy trial then prosecution may be blocked by that failure. The problem is twofold:

1 - A violation of the right to a speedy trial is determined at the time of the trial.

2 - Tennessee does not use fixed time periods (such as "trial within 180 days") to determine if trial was timely. Instead, Tennessee uses a four part test:

a - How long is the delay in coming to trial (under one year is presumed timely, over one year is presumed untimely).

b - What is the reason for the delay? (Defendant serving another sentence? - his fault? - medical examinations? - waiting for lab tests?).

c - Has the Defendant demanded a speedy trial in writing to the court?

d - Most important of all: What prejudice, what harm, has the Defendant suffered by the delay? (Did defense witnesses die, move away and can't be served; did evidence favorable to the defendant get lost or destroyed, spoiled before testing; did videotapes get erased or recorded over?).

There is no fixed mathematical formula. At the time the (delayed) trial is set to begin, the Defendant must file for dismissal on the basis of lack of a speedy trial. Then the judge must apply the four part test and make a decision. Again, the most important factor is "Did the defendant suffer in his ability to defend the case because of the delay?"