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Taylor v. State1/25/2000
der, due to clogged dockets, further holding the trial over until the November term of 1997. A second bump order was entered over objection from the State, moving the trial to February 9, 1998. Of the 471 day period of delay, all but 54 days would be excluded under the second prong of the Barker factors because Taylor either joined or initiated continuances moving the trial date further down the court docket. When the opportunity arose to object together with the State to the second court ordered bump, Taylor remained silent. Actions attributable to a defendant that add to the delay in reaching trial are not weighed against the State in regard to the constitutional speedy trial clock. Snow, 735 So. 2d at ( 24).
. The third Barker factor concerns whether or not the defendant asserted the right to a speedy trial. Two separate indictments are involved in this case; the original, numbered 96-267, and the second indictment under which Taylor was convicted, numbered 97-205. Under 96- 267, Taylor blithely agreed to, if not initiated several continuances, thereby waiving this argument. In any event, 96-267 was nolle prossed in lieu of 97-205, which was entered in December of 1997. Taylor turned herself in on December 12, 1997, and trial on that indictment was held in February of 1998, a reasonable delay in time, thus not satisfying the first prong of the Barker factors.
. Taylor suffered no prejudice worthy of discussion under the fourth Barker factor. In fact, Taylor's next allegation of error provides the Court with the perfect segue to illustrate this point. Taylor next asserts that she needed more time to prepare before the trial commenced.
VI. THE TRIAL COURT COMMITTED PLAIN ERROR BY OVERRULING DEFENSE COUNSEL'S MOTION FOR A CONTINUANCE.
. Taylor next asserts the trial court erred in denying her motion for a continuance on the grounds that she had insufficient time to prepare a proper defense. Taylor fails to cite a page in the voluminous record where this denial occurred. After careful research, this Court is unable to locate either a written or an ore tenus motion on this point. The only evidence in the transcript resembling such a motion is found in the exchange quoted below:
THE COURT: Very well. Is the State ready to go to trial Monday?
MR. BULLARD: We are, your Honor.
THE COURT: Is the defendant ready?
MR. NEELY: No, your Honor.
THE COURT: You asked for a speedy trial.
MR. NEELY: I understand, your Honor. We asked for a speedy trial up to today's date. We need to see the things that have been ordered by the Court, sir, such as the book, the indictment book, we need to review that and when we review that and see what we have and then we can make a better determination. We just want to make sure we've done everything we're supposed to do.
THE COURT: That should be afforded to you before you leave this afternoon.
MR. NEELY: I understand, your Honor.
. It is fundamental that the trial court will not be reversed for failing to grant relief that was not requested. Chase v. State, 645 So. 2d 829, 846 (Miss. 1994); Crenshaw v. State, 520 So. 2d 131, 134 (Miss. 1988). Accordingly, Taylor's sixth proposition is without merit.
VII. THE TRIAL COURT COMMITTED PLAIN ERROR BY OVERRULING DEFENSE COUNSEL'S MOTION TO DISMISS AND/OR FOR A MISTRIAL PURSUANT TO BATSON v. KENTUCKY.
. Taylor's next argument rests upon the trial court's alleged error in overruling defendant's motion to strike the jury panel on the basis of a Batson challenge. Taylor argues that due to the exclusion of the two African-Americans on the panel,
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