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· 3/24/1999

United States v. Omar Cornielle, Melvin Feliz

Citations

  • 171 F.3d 748
  • 1999 WL 163540

How courts have described this case

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

  • stating that prejudice is generally shown by the loss of documentary evidence or the unavailability of a key witness
  • emphasizing that these requirements are conjunctive
  • Preindictment prejudice “is commonly demonstrated by the loss of documentary evidence or the unavailability of a key witness.”
  • “. . . perjury goes to the very heart of the administration of justice”
  • “A defendant bears the ‘heavy burden’ of proving both that he suffered actual prejudice because of the alleged pre-indictment delay and that such a delay was a course intentionally pursued by the government for an improper purpose.”
  • “No legal system can long remain viable if lying under oath is treated as no more than a social solecism. Swearing to tell the truth is a solemn oath, the breach of which should have serious consequences.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Cardamone, Parker

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.