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· 12/12/1988

United States v. Gilbert Hernandez

Citations

  • 863 F.2d 239
  • 1988 U.S. App. LEXIS 17073
  • 1988 WL 133164

How courts have described this case

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

  • “[S]hort delays of the kind present here do not become ‘serious’ violations of the Speedy Trial Act unless there is some resulting prejudice to the defendant.”
  • “in the absence of a factually supported finding of bad faith or a pattern of neglect by the local United States Attorney, an ‘isolated unwitting violation’ of the Speedy Trial Act cannot support a decision to dismiss with prejudice [citing Taylor, 108 S.Ct. at 2421]”
  • dismissal without prejudice where defendant demonstrated no prejudice from delay

Source: CourtListener parenthetical corpus (CC0).

Judges: Altimari, Mahoney, Korman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.