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Bonebrake v. Norris, No. 03-4012 (8th Cir.) (417 F.3d 938) (August 9, 2005) (Judge Steven M. Colloton)

Article • September 1, 2005 • from P&J September, 2005

Filed under: Punch And Jurists, Delays in Prosecution of Case

Bonebrake v. Norris, No. 03-4012 (8th Cir.) (417 F.3d 938) (August 9, 2005) (Judge Steven M. Colloton) by Reversing the district court, the Eighth Circuit held that the state’s four year delay in incarcerating the defendant after her conviction became final did not amount to a waiver of jurisdiction over …

Barker v. Wingo, No. 71-5255 (U.S. Supreme Court) (407 U.S. 514; 92 S.Ct. 2182) (June 22, 1972) (Justice Powell)

Article • August 31, 2005

Filed under: Punch And Jurists, Delays in Prosecution of Case

Barker v. Wingo, No. 71-5255 (U.S. Supreme Court) (407 U.S. 514; 92 S.Ct. 2182) (June 22, 1972) (Justice Powell) by The petitioner in this case was not brought to trial for murder until more than five years after he had been arrested, during which time the prosecution obtained numerous continuances, …

U.S. v. Peppin, No. 1:04-CR-407 (N.D.N.Y.) (365 F.Supp.2d 261) (April 7, 2005) (Judge David N. Hurd)

Article • April 1, 2005 • from P&J April, 2005

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Peppin, No. 1:04-CR-407 (N.D.N.Y.) (365 F.Supp.2d 261) (April 7, 2005) (Judge David N. Hurd) by One of the defendants in this case, Gilles Mercier, was arrested on May 13, 2003 after, after a routine traffic stip, the police found more than 100 pounds of marijuana in his car. …

Faraci v. Grace, No. Civ.A.04-1163 (E.D.Pa.) (331 F.Supp.2d 362) (August 16, 2004) (Judge Stewart Dalzell)

Article • October 1, 2004 • from P&J October, 2004

Filed under: Punch And Jurists, Delays in Prosecution of Case

Faraci v. Grace, No. Civ.A.04-1163 (E.D.Pa.) (331 F.Supp.2d 362) (August 16, 2004) (Judge Stewart Dalzell) by Here Judge Dalzell granted habeas relief to a prisoner who had been waiting for more than 16 years for a ruling on his habeas petition without ever being able to obtain a hearing on …

U.S. v. Neuendank, No. 02 CR 1079 (N.D.Ill.) (278 F.Supp.2d 899) (February 18, 2004) (Judge Matthew F. Kennelly)

Article • February 1, 2004 • from P&J February, 2004

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Neuendank, No. 02 CR 1079 (N.D.Ill.) (278 F.Supp.2d 899) (February 18, 2004) (Judge Matthew F. Kennelly) by Defendant, who pled guilty to mail fraud, moved for a downward departure pursuant to U.S. Sentencing Guideline Manual § 5K2.0 based on the government's allegedly unreasonable and unwarranted delay in prosecuting …

Strunk v. U.S., No. 72-5521 (U.S. Supreme Court) (412 U.S. 434; 93 S.Ct. 2260) (June 11, 1973) (Justice Burger)

Article • September 10, 2003

Filed under: Punch And Jurists, Delays in Prosecution of Case

Strunk v. U.S., No. 72-5521 (U.S. Supreme Court) (412 U.S. 434; 93 S.Ct. 2260) (June 11, 1973) (Justice Burger) by Here the Court held that once a judicial determination has been made that an accused has been denied a speedy trial, the only remedy available to the court is to …

McNeely v. Blanas, No. 02-15860 (9th Cir.) (336 F.3d 822) (April 18, 2003) (Judge A. Wallace Tashima)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Delays in Prosecution of Case

McNeely v. Blanas, No. 02-15860 (9th Cir.) (336 F.3d 822) (April 18, 2003) (Judge A. Wallace Tashima) by 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 …

U.S. v. Zapata, No. CIV.A. 96-CR-120-B-01 (D.Colo.) (245 F.Supp.2d 1165) (February 14, 2003) (Judge Lewis T. Babcock)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Zapata, No. CIV.A. 96-CR-120-B-01 (D.Colo.) (245 F.Supp.2d 1165) (February 14, 2003) (Judge Lewis T. Babcock) by Here the Court held that a six year delay between the defendant’s arrest and his indictment did violate his speedy trial rights because, even though he fled the jurisdiction, the Government was …

U.S. v. Escamilla, No. CR.A.B093015109 (S.D.Tex.) (244 F.Supp.2d 761) (January 29, 2003) (Judge Andrew S. Hanen)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Escamilla, No. CR.A.B093015109 (S.D.Tex.) (244 F.Supp.2d 761) (January 29, 2003) (Judge Andrew S. Hanen) by A nine year delay between a defendant’s arrest and his indictment did not violate his speedy trial rights, because although the extraordinary length of the delay raised a presumption of prejudice, the defendant …

Doggett v. U.S., No. 90-857 (U.S. Supreme Court) (505 U.S. 647; 112 S.Ct. 2692) (June 24, 1992) (Justice Souter)

Article • October 26, 2002

Filed under: Punch And Jurists, Delays in Prosecution of Case

Doggett v. U.S., No. 90-857 (U.S. Supreme Court) (505 U.S. 647; 112 S.Ct. 2692) (June 24, 1992) (Justice Souter) by The defendant in this case was indicted for conspiracy to import and distribute cocaine in February 1980. When government agents went to defendant's home to arrest him, they learned he …

U.S. v. Cardona, No. 01-30974 (5th Cir.) (302 F.3d 494) (August 16, 2002) (Per Curiam)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Cardona, No. 01-30974 (5th Cir.) (302 F.3d 494) (August 16, 2002) (Per Curiam) by In this case, the defendant appealed his conviction for cocaine conspiracy, arguing that the Government violated the Speedy Trial Clause of the Sixth Amendment by waiting over five years to execute the warrant for …

Rashad v. Walsh, No. 02-1422 (1st Cir.) (300 F.3d 27) (August 14, 2002) (Judge Bruce M. Selya)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Delays in Prosecution of Case

Rashad v. Walsh, No. 02-1422 (1st Cir.) (300 F.3d 27) (August 14, 2002) (Judge Bruce M. Selya) by

Rashad v. Walsh, No. Civ. No. 98-11669 (NG) (D.Mass.) (204 F.Supp.2d 93) (March 31, 2002) (Judge Nancy Gertner)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Delays in Prosecution of Case

Rashad v. Walsh, No. Civ. No. 98-11669 (NG) (D.Mass.) (204 F.Supp.2d 93) (March 31, 2002) (Judge Nancy Gertner) by Here the Court granted the petitioner's habeas petition, reversing inmate's conviction for rape where government's delay of over five years in bringing inmate to trial violated his right to a speedy …

U.S. v. Sanchez, No. 99-1016 (2nd Cir.) (225 F.3d 172) (September 13, 2000) (Judge Fred I. Parker)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Sanchez, No. 99-1016 (2nd Cir.) (225 F.3d 172) (September 13, 2000) (Judge Fred I. Parker) by In this case, while he was serving a term of supervised release for a prior Federal offense, the defendant was arrested by New Jersey state police for possession of cocaine. The date …

U.S. v. Medrano, No. 99-CR-322 (ARR) (E.D.N.Y.) (89 F.Supp.2d 310) (March 1, 2000) (Judge Allyne R. Ross)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Medrano, No. 99-CR-322 (ARR) (E.D.N.Y.) (89 F.Supp.2d 310) (March 1, 2000) (Judge Allyne R. Ross) by The defendant in this case was serving time in a State prison on a drug charge when the INS, during a “routine screening of inmates,” discovered that he had previously been deported. …

U.S. v. Akinsola, No. 93-80953 (E.D.Mich.) (57 F.Supp.2d 455) (July 20, 1999) (Judge Anna Diggs Taylor)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Akinsola, No. 93-80953 (E.D.Mich.) (57 F.Supp.2d 455) (July 20, 1999) (Judge Anna Diggs Taylor) by Here the Court held that a delay of 52 months between the date of the indictment and the date of the defendant's arrest violated the defendant's Sixth Amendment rights to a speedy trial …

Blyden v. Mancusi, No. 97-2912 (2nd Cir.) (186 F.3d 252) (August 3, 1999) (Judge Ralph K. Jr. Winter)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Delays in Prosecution of Case

Blyden v. Mancusi, No. 97-2912 (2nd Cir.) (186 F.3d 252) (August 3, 1999) (Judge Ralph K. Jr. Winter) by Here, some 28 years after the events that gave rise to the claims for damage that arose in this case out of the Attica rebellion in 1971, the Second Circuit reversed …

U.S. v. Sanchez, No. CR 89-408-02 (ADS) (E.D.N.Y.) (30 F.Supp.2d 595) (December 22, 1998) (Judge Arthur D. Spatt)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Sanchez, No. CR 89-408-02 (ADS) (E.D.N.Y.) (30 F.Supp.2d 595) (December 22, 1998) (Judge Arthur D. Spatt) by The Supreme Court has often noted that the "touchstone of due process is protection of the individual against arbitrary action of government." Wolff v. McDonnell, 418 U.S. 539, 558 (1974). This …

U.S. v. Sanchez-Rodriguez, No. 97-10238 (9th Cir.) (161 F.3d 556) (November 20, 1998) (Judge Betty Binns Fletcher)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Sanchez-Rodriguez, No. 97-10238 (9th Cir.) (161 F.3d 556) (November 20, 1998) (Judge Betty Binns Fletcher) by One of the issues considered by the en banc court in this case was the Government's claim that the district court erred in departing downward based on the fact that, because of …

U.S. v. Brye, No. 97-1094 (10th Cir.) (146 F.3d 1207) (June 16, 1998) (Judge Mary Beck Briscoe)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Brye, No. 97-1094 (10th Cir.) (146 F.3d 1207) (June 16, 1998) (Judge Mary Beck Briscoe) by While court declined to reverse lower court's decision not to grant a downward departure based on a 3-year preindictment delay it did suggest that such a departure would be proper if the …