United States v. Jerry Lee Smith

How courts have described this case

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

• recognizing that delays of 2 to 10 years have been deemed egregious enough to require further inquiry; 3-year delay justified further inquiry
• holding a three-year delay in deciding an appeal did not violate due process when the defendant was out of custody during the pendency of the appeal and the delay did not otherwise prejudice the defendant
• “We deem Doggett relevant, but we hold that the presumption of prejudice, if any, in this case of three-year appellate delay has been clearly rebutted.”
• the defendant must specifically assert the right to a speedy appeal where he or she has been released pending resolution of the appeal
• a temporary release should provide strong evidence that a defendant has benefitted from delay, rather than been burdened by it
• question is whether the delayed ruling by the appellate court actually preserved any arguments the appellant would have asserted on retrial or resentencing and whether Appellant’s ability to assert these arguments was affected

Source: CourtListener parenthetical corpus (CC0).