McNeely v. Blanas, No. 02-15860 (9th Cir.) (336 F.3d 822) (April 18, 2003) (Judge A. Wallace Tashima)
Loaded on July 1, 2003
published in Punch and Jurists
July 07, 2003
Filed under:
Punch And Jurists,
Delays in Prosecution of Case.
Here the Court held that a five-year pretrial delay in the prosecution of the petitioner violated his speedy trial rights and warranted dismissal of his indictment with prejudice.
Petitioner, a California pretrial detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C.S. § 2241. …
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More from this issue:
- U.S. v. Miguel, No. 01-10538 (9th Cir.) (338 F.3d 995) (July 23, 2003) (Judge Thomas G. Nelson)
- McNeely v. Blanas, No. 02-15860 (9th Cir.) (336 F.3d 822) (April 18, 2003) (Judge A. Wallace Tashima)
- Spurlock v. Thompson, No. 01-6356 (6th Cir.) (330 F.3d 791) (May 30, 2003) (Judge R. Guy Jr. Cole)
- U.S. v. Rhodes, No. 02-2218 (7th Cir.) (330 F.3d 949) (June 2, 2003) (Judge John L. Coffey)
- U.S. v. T.M., No. 02-10189 (9th Cir.) (330 F.3d 1235) (June 4, 2003) (Judge Jr. William C. Canby)
- Farrakhan v. State of Washingtom, No. 01-35032 (9th Cir.) (338 F.3d 1009) (July 25, 2003) (Judge Richard A. Paez)
- Shabazz v. Artuz, No. 02-2320 (2nd Cir.) (336 F.3d 154) (July 18, 2003) (Judge Rosemary S. Pooler)
- Limone v. U.S., No. Civ. No. 02-10890-NG (D.Mass.) (271 F.Supp.2d 345) (July 17, 2003) (Judge Nancy Gertner)
- U.S. v. Flores, No. 02-3380 (8th Cir.) (336 F.3d 760) (July 18, 2003) (Judge Diana E. Murphy)
- U.S. v. Pasquantino, No. 01-4463 (4th Cir.) (336 F.3d 221) (July 18, 2003) (Judge Clyde H. Hamilton)
- Brown v. Greiner, No. 01-CV-2528 (JG) (E.D.N.Y.) (258 F.Supp.2d 68) (March 21, 2003) (Judge John Gleeson)
- Ford v. Hubbard, No. 98-56455 (9th Cir.) (330 F.3d 1086) (September 6, 2002) (Judge Stephen Reinhardt)
- U.S. v. Yirkovsky, No. 02-1176 (8th Cir.) (338 F.3d 936) (July 31, 2003) (Judge David R. Hansen)
- Wei Su v. Filion, No. 02-2683 (2nd Cir.) (335 F.3d 119) (July 11, 2003) (Judge Guido Calabresi)
More from these topics:
- New Mexico Supreme Court Announces Reasons-for-Delay Analysis Must Assess State’s Own Responsibility Rather Than Compare Parties’ Delay and Abrogates Precedent Employing Party-to-Party Offsets, Oct. 1, 2026. Periods of Delay, Delays in Prosecution of Case, Plea Bargaining.
- Indiana Supreme Court: Defendant Entitled to Discharge by Showing No Court ‘Congestion’ After Trial Court’s Unexplained Denial of Speedy Trial Motion, Dec. 1, 2024. Delays in Prosecution of Case.
- Georgia Jail Detainee Released After 10-Year Wait for Trial, Sept. 15, 2024. Delays in Prosecution of Case.
- New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock, July 15, 2024. Speedy Trial Clock - Tolling of, Periods of Delay, Delays in Prosecution of Case, Excludable Time, Discovery and Inspection, Discovery - Lateness of.
- New York Court of Appeals: Dismissal Required Where Prosecution Failed to Explain Repeated Requests for Post-Readiness Adjournment, June 15, 2024. Periods of Delay, By the Government, Delays in Prosecution of Case, Speedy Disposition, Excludable Time.
- California Court of Appeal Announces Suffering From a Nonqualifying Mental Disorder While Also Suffering From a Qualifying Disorder Does Not Bar Eligibility for Mental Health Diversion Under § 1001.36, March 15, 2022. Mental Health Experts, Delays in Prosecution of Case.
- Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant, Dec. 15, 2021. Delays in Prosecution of Case.
- Massachusetts Supreme Court Revisits Lougee and Announces Framework for Determining When Pretrial Detention Prolonged Due to COVID Violates Due Process, Sept. 15, 2021. COVID-19, Delays in Prosecution of Case.
- “We Want Court dates!”, July 1, 2021. Protests, Delays in Prosecution of Case.
- Indiana Supreme Court: Speedy Trial Right Violated After 6.5 Years Without Retrial, Feb. 15, 2021. Delays in Prosecution of Case.