· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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