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Dickerson v. Napolitano, No. 09-2167-cv (2nd Cir.) (604 F.3d 732) (May 14, 2010) (Judge Robert D. Sack)

Article • June 1, 2010 • from P&J December, 2010

Filed under: Punch And Jurists, Waivers/Defaults

Dickerson v. Napolitano, No. 09-2167-cv (2nd Cir.) (604 F.3d 732) (May 14, 2010) (Judge Robert D. Sack) by In a civil rights action arising out of plaintiffs' arrests, incarcerations, and prosecutions for attempting to enter a federal building with objects resembling police badges, summary judgment for defendants is affirmed where: …

Zedner v. U.S., No. 05-5992 (U.S. Supreme Court) (547 U.S. 489; 126 S.Ct. 1976) (June 5, 2006) (Justice Alito)

Article • May 1, 2006 • from P&J May, 2006

Filed under: Punch And Jurists, Waivers/Defaults

Zedner v. U.S., No. 05-5992 (U.S. Supreme Court) (547 U.S. 489; 126 S.Ct. 1976) (June 5, 2006) (Justice Alito) by A defendant may not prospectively waive the application of the Speedy Trial Act; and when a district court makes no findings to support an "ends of justice" continuance under 18 …

Henderson v. U.S., No. 84-1744 (U.S. Supreme Court) (476 U.S. 321; 106 S.Ct. 1871) (May 19, 1986) (Justice Powell)

Article • November 11, 2005

Filed under: Punch And Jurists, Excludable Time

Henderson v. U.S., No. 84-1744 (U.S. Supreme Court) (476 U.S. 321; 106 S.Ct. 1871) (May 19, 1986) (Justice Powell) by The Speedy Trial Act (STA) directs that a defendant be tried within 70 days of the latest of either the filing of an indictment or information, or the first appearance …

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. …

U.S. v. Zedner, No. 04-0821-cr (2nd Cir.) (401 F.3d 36) (March 8, 2005) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Zedner, No. 04-0821-cr (2nd Cir.) (401 F.3d 36) (March 8, 2005) (Judge Pierre N. Leval) by Citing concerns about allowing serious crimes to go unpunished, the Second Circuit held that errors made under the Speedy Trial Act (18 U.S.C. §§ 3161-3174) should be evaluated under a “harmless error …

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. Kelley, No. 02-10286-MLWC (D.Mass.) (300 F.Supp.2d 224) (March 7, 2003) (Judge Mark L. Wolf)

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

Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)

U.S. v. Kelley, No. 02-10286-MLWC (D.Mass.) (300 F.Supp.2d 224) (March 7, 2003) (Judge Mark L. Wolf) by This case is noted both as a rare example of a dismissal (albeit without prejudice) of a Federal prosecution for a violation of the anti-shuttling provisions of the complex Interstate Compact on Detainers …

Iowa v. Tovar, No. 02-1541 (U.S. Supreme Court) (541 U.S. 77; 124 S.Ct. 1379) (March 8, 2004) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Waivers/Defaults

Iowa v. Tovar, No. 02-1541 (U.S. Supreme Court) (541 U.S. 77; 124 S.Ct. 1379) (March 8, 2004) (Justice Ginsburg) by In this case the Court held that while persons pleading guilty to crimes have a constitutional right to assistance of counsel, the Sixth Amendment does not impose a duty 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 …

Fex v. Michigan, No. 91-7873 (U.S. Supreme Court) (507 U.S. 43; 113 S.Ct. 1085) (February 23, 1993) (Justice Scalia)

Article • May 5, 2003

Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)

Fex v. Michigan, No. 91-7873 (U.S. Supreme Court) (507 U.S. 43; 113 S.Ct. 1085) (February 23, 1993) (Justice Scalia) by Five years after the Supreme Court established the prison mailbox rule in Houston v. Lack, 487 U.S. 266 (1988), it returned to that rule in the instant case. Here, the …

Alabama v. Bozeman, No. 00-492 (U.S. Supreme Court) (533 U.S. 146; 121 S.Ct. 2079) (June 11, 2001) (Justice Breyer)

Article • April 30, 2003 • from P&J May, 2001

Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)

Alabama v. Bozeman, No. 00-492 (U.S. Supreme Court) (533 U.S. 146; 121 S.Ct. 2079) (June 11, 2001) (Justice Breyer) by In this case the Supreme Court held that the Interstate Agreement on Detainers (IAD) does not allow courts to overlook brief violations of it provisions that forbid a participating state …

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 …

U.S. v. Gonzalez, No. 01-2247 (1st Cir.) (311 F.3d 440) (November 22, 2002) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Gonzalez, No. 01-2247 (1st Cir.) (311 F.3d 440) (November 22, 2002) (Judge Michael Boudin) by Although it is a generally accepted principle of law that jurisdictional defects may be raised by a party at any point in the litigation and that a plea of guilty does not waive …

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 …