3, claiming that the Commonwealth's delay in prosecuting him had prejudiced his ability to defend himself against the charges, in violation of his right to a speedy trial and due process of law. A single justice denied the petition, and the petitioner appeals to the full court. Because we find no clear error of law or abuse of discretion by the single justice, we affirm the judgment. Burton's claim that the delay in prosecuting him for the 1990 homicide violated his right under the Sixth Amendment to the United States Constitution to a speedy trial is without merit. United States v. MacDonald , supra at 7.
Dismissal is appropriate only where both prongs are satisfied.
In this case, Burton failed to demonstrate that he suffered any actual prejudice as a result of the delay. In fact, Burton concedes that he has not identified any specific prejudice, and merely claims a general deterioration of his ability to prepare his defense. That is not sufficient. We hold that the single justice did not err or abuse her discretion in denying Burton's petition. Because he has failed to demonstrate any actual prejudice as a result of the delay, Burton is not entitled to a dismissal of the indictment.