Interlocutory appeal presenting speedy trial claim disguised as claim challenging competency assessment delays must be dismissed

SPEEDY TRIAL/COMPETENCY United States v. Deshazer, No. 05-8053, ___ F.3d ___ (10th Cir. Jul. 7, 2006)(Wyoming). Appeal of district court’s denial of motion to dismiss indictment alleging that lengthy pretrial confinement for series of competency proceedings prejudiced defendant’s ability to present adequate defense. HELD: Where defendant appeals district court’s denial of pretrial motion to dismiss indictment claiming that he has been held more than reasonable time necessary to determine competency to stand trial in violation of Jackson v. Indiana, 406 U.S. 715 (1972), but asserts as sole claim on appeal that regardless of who was at fault for five year delay in bringing case to trial, delay was unconstitutionally long, claim on appeal has no relationship to concerns at issue in Jackson and raises only “speedy trial” concerns. Speedy-trial claims are not subject to interlocutory appeal and must be dismissed for lack of jurisdiction. Read the opinion here.