John Ashburn v. Jeff Korte

How courts have described this case

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

• holding that a habeas petition’s challenge to the validity of an indictment was governed by the Due Process Clause, not the Sixth Amendment
• finding that a 20-month delay weighed “only moderately” in the defendant’s favor
• finding “the total delay of 20 months exceeded a year, but not extraordinarily so, so this factor only weigh[ed] moderately in [petitioner’s] favor”
• rejecting perjured testimony claim, in part, because “the evidence against [petitioner] was overwhelming”
• “Actual prejudice to the defense is the most serious concern raised by a delay because it may skew the fairness of the entire system.”
• “[T]he alleged perjured testimony must bear a direct relationship to the defendant’s guilt or innocence.”

Source: CourtListener parenthetical corpus (CC0).