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· 9/13/2002

United States v. Juan Alberto Cardona, Also Known as Juancho

Citations

  • 302 F.3d 494

How courts have described this case

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

  • concluding that when there is no evidence that the appellant knew about the charges until his arrest, but he timely asserted his right to a speedy trial after his arrest, the assertion-of-the-right factor weighs in the appellant's favor
  • concluding that when there is no evidence that defendant knew about charges until his arrest, but he timely asserted his right to speedy trial after his arrest, assertion-of-right factor weighs in defendant’s favor
  • concluding that when there is no evidence that the appellant knew about the charges until his arrest, but he timely asserted his right to a speedy trial after his arrest, the assertion-of-the-right factor weighs in the appellant’s favor
  • holding that the government lacked “any evidence” to rebut the presumption of gen-' eral prejudice even though the government argued that the strength of its own evidence showed that the defendant did not suffer any impairment to his defense
  • holding that the excessive delay was due to the negligence of the State and reasoning that, because the prejudice caused by excessive delay compounds over time, a five-year delay was sufficient to absolve the defendant of his burden to prove prejudice
  • holding that five-year delay required dismissal

Source: CourtListener parenthetical corpus (CC0).

Judges: Jolly, Duhé, Dennis

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.