Arguing that his rights to a speedy trial and due process of law had been violated, Burton moved to dismiss the indictment. Burton contends that the single justice erred in refusing to dismiss the indictment. 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. James M. Doyle for the petitioner.