· 9/8/1992
United States v. James Ray Shell, A/K/A Kelly Barrick Bonney, A/K/A Chris Raymond Weber
Citations
- 974 F.2d 1035
- 92 Cal. Daily Op. Serv. 7685
- 92 Daily Journal DAR 12481
- 1992 U.S. App. LEXIS 20881
- 1992 WL 214048
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that defendant’s concession that most of essential witnesses and documentary evidence were still available were insufficient to rebut presumption of prejudice arising from five-year delay attributable to government’s negligence
- stating that \[f]ive years delay attributable to the government's mishandling of [the defendant's] file . . . creates a strong presumption of prejudice\
- finding that a five-year delay due to 20 misplacement of file violated due process
- presuming prejudice where governmental 23 CR-2023-0629 negligence resulted in a six-year delay
- measuring length of delay until Government diligently began to search for defendant
- six-year delay, of which five years were attributable to government negligence, created a strong presumption of prejudice which the government could not overcome
Source: CourtListener parenthetical corpus (CC0).
Judges: Wright, Alarcon, Fong
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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