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· 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 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.