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Article • January 15, 2018 • from P&J January, 2018
U.S. v. Tigano, No. 15-3073 (2nd Cir.) (880 F.3d 602) (January 23, 2018) (Judge Rosemary S. Pooler) by Here the Court reversed a drug convictions and dismissed the Indictment “with prejudice” after finding that the defendant's nearly seven years of pretrial incarceration were“egregiously oppressive” and constituted a violation of his …
Article • November 4, 2013 • from P&J November, 2013
U.S. v. Ghailani, No. 11-320-cr (2nd Cir.) (733 F.3d 29) (October 24, 2013) (Judge Jose A. Cabranes) by On August 7, 1998, the U.S. Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania were destroyed by truck bombs within minutes of each other. The bomb at the Embassy in Kenya …
Article • March 1, 2006 • from P&J March, 2006
U.S. v. Ingram, No. 05-10866 (11th Cir.) (446 F.3d 1332) (April 25, 2006) (Judge Emmett Ripley Cox) by In this case, the Eleventh Circuit reversed a conviction after finding that a two-year delay between the defendant’s indictment and his trial was presumptively unreasonable and violated the defendant’s right to a …
Article • July 27, 2002
Klopfer v. North Carolina, No. 100 (U.S. Supreme Court) (386 U.S. 213; 87 S.Ct. 988) (March 13, 2067) (Justice Warren) by The question before the Court in this case was whether a State may indefinitely postpone prosecution on an indictment without stated justification over the objection of an accused who …
Article • June 29, 1999
Smith v. Hooey, No. 198 (U.S. Supreme Court) (393 U.S. 374; 89 S.Ct. 575) (January 20, 1969) (Justice Stewart) by After the petitioner vainly sought for more than six years to be brought to trial in Texas while he was being held in Federal custody, the Court held that he …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Doe, No. 97-10307 (9th Cir.) (149 F.3d 945) (July 7, 1998) (Judge Stephen S. Trott) by Case held that conditional release to a halfway house was not "detention" within meaning of speedy trial provision of Federal Juvenile Deliquency Act requiring Government to bring him to trial within 30 …
Article • April 1, 1998 • from P&J April, 1998
U.S. v. Grimmond, No. 96-4825 (4th Cir.) (137 F.3d 823) (March 6, 1998) (Judge Karen J. Williams) by Case held that a 35 month delay between indictment and arraignment did not warrant relief.
Article • April 1, 1998 • from P&J April, 1998
U.S. v. Grimmond, No. 96-4825 (4th Cir.) (137 F.3d 823) (March 6, 1998) (Judge Karen J. Williams) by This is one of those speedy trial cases that raises both questions and eyebrows. On April 22, 1993, the defendant was indicted on a series of Federal gun and drug charges. Subsequently, …
Article • December 1, 1997 • from P&J December, 1997
U.S. v. Graham, No. 96-3056 (6th Cir.) (128 F.3d 372) (October 21, 1997) (Judge Damon J. Keith) by Convictions reversed on grounds that eight year hiatus between indictment and trial violated the Sixth Amendment's call for a speedy trial. This gem of a case is noted because it shows how …