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· 6/9/1986

Filimon Castillo Perez v. George E. Sullivan, Warden, and Attorney General, State of New Mexico

Citations

  • 793 F.2d 249
  • 1986 U.S. App. LEXIS 25825

How courts have described this case

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

  • noting that necessity of showing substantial prejudice dominates the four-part balancing test in speedy sentencing ease
  • noting that other courts had rejected speedy trial claims where the sentencing delay was considerably longer than the fifteenth-month period at issue
  • indicating that post-conviction, pre-sentencing anxiety of someone who unquestionably will serve a sentence and is only waiting to find out its duration is not to be equated for constitutional purposes with the anxiety of an accused
  • deciding definitively that the Speedy Trial clause applies to post-verdict proceedings
  • deciding definitively that the Speedy Trial clause applies to post-verdict proceedings
  • observing defendant’s failure to file a formal motion requesting sentencing was indicative of defendant’s acquiescence in fifteen-month delay

Source: CourtListener parenthetical corpus (CC0).

Judges: Seymour, Seth, Anderson

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.