Government of the Virgin Islands v. Burmingham, Andrew

How courts have described this case

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

• concluding that the absence of pretrial incarceration or other prejudice required denial of the defendant’s speedy trial challenge
• noting that dismissal under Rule 48(b) is inappropriate where there is “no showing of bad faith or dilatory purpose on the Government’s part”
• noting that the delay of a trial due to the court’s attempt to reach a decision en banc on the applicability of the relevant law was not a deliberate attempt to “hamper the defense”
• holding five month delay insufficient
• thirteen month delay in deciding motion by defendant “justified by the Territorial Court’s desire to seek clarification of the law”
• “Prejudice is the key factor here, and its absence is decisive in this case.”

Source: CourtListener parenthetical corpus (CC0).