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· 6/5/1923

American Railway Express Co. v. Lancaster

Citations

  • 199 Ky. 584
  • 251 S.W. 670
  • 1923 Ky. LEXIS 890

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • granting a six-month stay where the forfeiture action was brought four-and-a-half years earlier
  • “[W]ell-founded criminal cases, and especially cases involving . . . conspiracies, do not materialize overnight.”
  • “The court cannot, and does not attempt to accurately predict the tipping point. Context is key.”
  • [I]f the most due process required was the filing of a complaint, after the government fulfilled that task, its attorneys could sit idly by without ever taking meaningful steps to move the case forward.”
  • “Although $8,850.00 addresses only the ‘narrow’ issue of delay between seizure and filing, the ‘flexible’ due process principles articulated by the Court easily are expanded to cover situations in which the government unfairly delays a case from coming to trial.”
  • “[TJhe court does not weigh [a 10-month] delay harshly against the government” because it is “mindful of the tension between criminal investigation and a forfeiture proceeding” and “views the delay as a necessary and permissible attempt to accommodate the criminal matter.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clay

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.