· 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 CourtListenerSourced 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.