STATE : Bulk of ‘Speedy Trial’ Upheld

The state Supreme Court today upheld most of Proposition 115, the so-called “Speedy Trial” initiative, but struck down its broadest provision, a repeal of independent state constitutional rights for criminal defendants.

One effect of the ruling is to eliminate a restriction on privacy rights that opponents said could be used to allow criminal prosecutions for certain abortions.

The court ruled unanimously that the constitutional provision, which would have required California courts to follow U.S. Supreme Court rulings in applying a long list of constitutional rights, was such a fundamental change that it amounted to a “revision” of the state Constitution, which cannot be done by initiative.

But the court voted 6 to 1 to uphold the rest of the measure, which was passed by voters in June.