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Article • June 13, 2011 • from P&J June, 2011
U.S. v. Tinklenberg, No. 09-1498 (U.S. Supreme Court) (563 U.S. 647; 131 S.Ct. 2007) (May 26, 2011) (Justice Breyer) by In a tedious and labyrinthine decision involving the statutory interpretation of two different provisions of the Speedy Trial Act of 1974 (“STA”), the Supreme Court held that the Sixth Circuit …
Article • May 1, 2000 • from P&J May, 2000
U.S. v. Hardeman, No. 97-10516 (9th Cir.) (206 F.3d 1320) (March 21, 2000) (Per Curiam) by The Court summarized the issue raised in this appeal by reporting as follows: "On January 31, the district court held a status conference on various discovery disputes. Just prior to the conference, Hardeman filed …
Article • January 1, 2000 • from P&J January, 2000
U.S. v. Williams, No. 98-8986 (11th Cir.) (197 F.3d 1091) (December 8, 1999) (Judge James Larry Edmondson) by United States v. Messer, 197 F.3d 330 (9th Cir. 1999) United States v. Williams, 197 F.3d 1091 (11th Cir. 1999) The Speedy Trial Act (18 U.S.C. §§ 3161 et seq.) provides that …
Article • January 1, 2000 • from P&J January, 2000
U.S. v. Messer, No. 96-50493 (9th Cir.) (197 F.3d 330) (December 14, 1999) (Judge A. Wallace Tashima) by United States v. Messer, 197 F.3d 330 (9th Cir. 1999) United States v. Williams, 197 F.3d 1091 (11th Cir. 1999) The Speedy Trial Act (18 U.S.C. §§ 3161 et seq.) provides that …
Article • November 1, 1999 • from P&J November, 1999
U.S. v. Howard, No. Crim. No. 3:99CR112 (E.D.Va.) (63 F.Supp.2d 728) (August 18, 1999) (Judge Richard L. Williams) by
Article • September 1, 1999 • from P&J September, 1999
U.S. v. Salimonu, No. 97-1557 (1st Cir.) (182 F.3d 63) (July 7, 1999) (Judge Norman H. Stahl) by The Court held: "The delay in bringing Salimonu to trial was indeed overlong, and the district court should have acted with much more expedition. Nonetheless, because a hearing was required on his …
Article • June 1, 1999 • from P&J June, 1999
U.S. v. Hall, No. 98-30118 (9th Cir.) (181 F.3d 1057) (June 21, 1999) (Judge Betty Binns Fletcher) by In this case the defendant argued that his speedy trial rights had been violated by a delay of 293 days between the date of his arraignment and the date his trial commenced. …
Article • May 1, 1999 • from P&J May, 1999
U.S. v. Aviles, No. 96-10110 (9th Cir.) (170 F.3d 863) (March 15, 1999) (Judge John T. Jr. Noonan) by This decision slightly amended the Court's previous ruling about the number of days of excludable time that passed - which were not to be counted against the speedy trial clock - …
Article • December 1, 1998 • from P&J December, 1998
U.S. v. Barnes, No. 97-2251 (1st Cir.) (159 F.3d 4) (October 27, 1998) (Judge Hugh H. Bownes) by In this case the record was unclear as to even when the trial was adjourned. While the court concluded that the trial court had abused its discretion in granting, or sua sponte …
Article • October 1, 1998 • from P&J October, 1998
U.S. v. Aviles, No. 96-10110 (9th Cir.) (153 F.3d 931) (August 18, 1998) (Judge John T. Jr. Noonan) by Another rapidly spreading fiction in criminal law is the concept that a defendant has the right to a speedy trial. The law (18 U.S.C. § 3161(c)(1)) states that in any case …
Article • October 1, 1998 • from P&J October, 1998
U.S. v. O'Dell, No. 96-6733 (6th Cir.) (154 F.3d 358) (August 31, 1998) (Judge Cornelia G. Kennedy) by Here the Court held that the Speedy Trial Act requires that a non guilty plea be entered in order to begin the running of the speedy trial clock, and thus the time …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Harden, No. Crim. No. 3:97-545-0 (D.S.C.) (10 F.Supp.2d 556) (October 16, 1997) (Judge Matthew J. Jr. Perry) by This is a rare case in which a Federal Judge not only admitted that he had made a mistake by granting the Government an improvident Speedy Trial Act extension of …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Franklin, No. 97-30321 (5th Cir.) (148 F.3d 451) (July 22, 1998) (Judge Jacques L. Jr. Wiener) by Here the Court affirmed as reasonable a 215 day delay in bringing the defendant's to trial while the Government sought to apprehend and prosecute a co-defendant, under the provisions of 18 …
Article • January 1, 1998 • from P&J January, 1998
U.S. v. Shetty, No. 96-50583 (9th Cir.) (130 F.3d 1324) (November 20, 1997) (Judge Thomas G. Nelson) by
Article • January 1, 1998 • from P&J January, 1998
U.S. v. Santiago-Becerril, No. 96-1937 (1st Cir.) (130 F.3d 11) (November 20, 1997) (Judge Levin H. Campbell) by
Article • November 1, 1997 • from P&J November, 1997
U.S. v. Lloyd, No. 96-30149 (9th Cir.) (125 F.3d 1263) (September 11, 1997) (Judge Stephen Reinhardt) by Case reversed drug convictions due to violations of Speedy Trial Act because district court erred in granting lengthy continuances based on end of justice exception.
Article • November 1, 1997 • from P&J November, 1997
U.S. v. Lloyd, No. 96-30149 (9th Cir.) (125 F.3d 1263) (September 11, 1997) (Judge Stephen Reinhardt) by In this case, the Ninth Circuit reversed two convictions on the grounds that the defendants' speedy trial rights had been violated. The two defendants were originally indicted in 1992 on a number of …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Sposito, No. 95-1755 (1st Cir.) (106 F.3d 1042) (February 18, 1997) (Judge Juan R. Torruella) by The enigma of the perpetually malfunctioning Speedy Trial Clock! The Speedy Trial Act (18 U.S.C. §§ 3161 et seq.) (the "STA") states that if a defendant is not brought to trial within …
Article • January 1, 1997 • from P&J January, 1997
U.S. v. Mapp, No. 95 CR 1162 (FB) (S-1) (E.D.N.Y.) (945 F.Supp. 43) (November 4, 1996) (Judge Frederic Block) by Here's another case that shows the galling power of the prosecutors to determine sentences. The jury in this case found the defendant guilty on two of the counts charged, but …
Article • June 1, 1996 • from P&J June, 1996
U.S. v. Mejia, No. 91-6108 (11th Cir.) (82 F.3d 1032) (May 14, 1996) (Judge James Larry Edmondson) by Here the Court held that, in a multi-defendant case, the grant of one defendant's motion to extend the time to file motions under the Speedy Trial Act tolls the STA as to …