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· 10/6/1992

United States v. Charles Edward Huntley

Citations

  • 976 F.2d 1287
  • 92 Cal. Daily Op. Serv. 8339
  • 92 Daily Journal DAR 13666
  • 1992 U.S. App. LEXIS 24833
  • 1992 WL 251519

How courts have described this case

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

  • recognizing that lost testimony \generally falls solely within the ambit of the statute of limitations\
  • stating that defendant bears heavy burden to establish actual non-speculative prejudice by definite proof
  • no actual prejudice demonstrated by lost police tapes, because evidence was unlikely to be exculpatory to the charged offense
  • \only two cases since 1975 in which any circuit has upheld a due process claim\
  • no actual prejudice suffered despite seven and a half month delay when defendant claimed loss of witness testimony and evidence
  • “The judge could not properly dismiss under Rule 48(b) without forewarning.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Circuit', Boochever, Norris, Kleinfeld

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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