United States v. Frans J. Theron, Frans J. Theron v. Honorable Earl E. O'connor, United States District Judge for the District of Kansas

How courts have described this case

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

• explaining that time excluded on account of codefendants must be evaluated under the codefendant subsection instead of the ends-of-justice subsection
• explaining that “valid pretrial detention assumes a punitive character” and therefore “may violate due process” “when it is prolonged significantly”
• explaining that “[d]elays . . . that the defendant caused would not raise a [due process] problem”
• “In determining reasonableness of the period excluded, all relevant circumstances must be considered.”
• “If we did not construe the statute to require release or trial sooner than the date the trial court has set, [the defendant’s] continued detention would present serious constitutional questions.”
• defendant must be severed and tried or released on bond where trial date meant pretrial incarceration of eight months, delays were due to joinder with codefendants, and defendant at all times sought severance and immediate trial

Source: CourtListener parenthetical corpus (CC0).