De La Beckwith v. State

How courts have described this case

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

• reversing downward departure sentence based on need for restitution outweighing need for incarceration, where defense counsel failed to present evidence that victims requested restitution, or expressed particular need for restitution
• although presumptively prejudicial, twenty-six-year delay in pursuing criminal case did not warrant dismissal of indictment where defendant could not demonstrate actual prejudice
• evidence of racist writings relevant to motive for killing Civil Rights Leader
• discussing Simon v. State, 633 So.2d 407 (Miss. 1993)
• “Beckwith need not prove actual prejudice to his defense in this case. On the contrary, when the length of delay is presumptively prejudicial, the burden of persuasion is on the state to show that the delay did not prejudice the defendant.”
• discussing Simon v. State, 633 So. 2d 407 (Miss. 1993)

Source: CourtListener parenthetical corpus (CC0).