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· 5/20/1986

United States v. John Stayton, A/K/A \John Gallagher\

Citations

  • 791 F.2d 17
  • 1986 U.S. App. LEXIS 25257

How courts have described this case

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

  • holding that a twenty-three month delay was sufficient to favor dismissal with prejudice even when the crime was quite serious
  • holding that “the enormity” of a twenty-three-month delay was “sufficient alone to tip this second factor in favor of dismissal of the indictment with prejudice”
  • holding prosecution must show justification for delay between impaneling of jury and receipt of evidence
  • holding prosecution must show justification for delay between impaneling of jury and receipt of evidence
  • holding prosecution must show justification for delay between impaneling of jury and receipt of evidence
  • vacating and remanding with instructions that the indictment be dismissed where the 23-month delay between voir dire and opening statements “derogated the spirit and intent of the Speedy Trial Act”

Source: CourtListener parenthetical corpus (CC0).

Judges: Oakes, Kearse, Pratt

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.