· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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