United States v. Brian Brown

How courts have described this case

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

• holding that the government failed to prove the defendant was culpable for the delay because it failed to present credible evidence the defendant was aware of the indictment and intentionally hid himself from law enforcement agents
• stating that the “amount of prejudice that the defendant must show depends on the reasons for the delay”
• stating that government had the burden of proving that defendant was actually culpable in causing the delay by evading arrest on the indictment, or was aware of the issuance of the indictment and intentionally hid himself from law enforcement agents
• holding an over five-year delay attributable to the government’s negligence to be prejudicial
• finding a Speedy Trial violation where the government filed a federal detainer, but failed to act on information from the state that the defendant was available for release
• noting that delays over one-year are presumptively prejudicial

Source: CourtListener parenthetical corpus (CC0).