Commonwealth v. Patten

How courts have described this case

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

• same test under State or Federal Constitution to show denial of due process due to preindictment delay
• “defendant must prove both that the delay prejudiced his case and that the government intentionally or recklessly caused the delay”
• defendant's burden for preindictment delay claim requires showing that delay prejudiced his case, and that Commonwealth intentionally or recklessly caused delay
• judge reviews record to determine whether defendant has adequately demonstrated through “concrete evidence, and not simply by a fertile imagination, a reasonable possibility that access to the lost items would have produced evidence favorable to his cause”

Source: CourtListener parenthetical corpus (CC0).