Criminal – Speedy trial
Where a defendant was convicted at a third trial on charges of mail and wire fraud, his constitutional and statutory right to a speedy trial was not violated. “We opine for the third time on the United...
View ArticleHabeas corpus – Speedy trial
Where a petitioner challenges his conviction of rape on the grounds that (1) the 11-and-a-half-year delay between the issuance of a criminal complaint in 1991 and the commencement of his trial in 2003...
View ArticleCriminal – Speedy trial
Where two defendants moved to dismiss indictments against them, an order allowing one of the motions but denying the other must be affirmed based on the differing speedy trial analyses applicable to...
View ArticleCriminal – Speedy trial – Ballistician
Where two defendants charged with constructive possession of a loaded firearm have moved to dismiss the indictments, the motion must be allowed on speedy trial grounds. “… The police searched a vehicle...
View ArticleCriminal – Speedy trial – Fourth indictment
Where a U.S. District Court judge denied a defendant’s motion to dismiss an indictment, a remand must be ordered because the judge was misled by dicta in a prior 1st Circuit opinion in calculating the...
View ArticleCriminal – Speedy trial – Court congestion
Where a Boston Municipal Court dismissed on speedy trial grounds charges of carrying a firearm without a license, the dismissal order must be affirmed because delays caused by court congestion were not...
View ArticleCriminal – Speedy trial
Where a defendant was charged by a federal grand jury with 12 counts of wire fraud in 2011, but he was not arrested until February 2017, the delay violated his Sixth Amendment right to a speedy trial,...
View ArticleCriminal – Speedy trial – Superseding indictment
Where (1) on March 3, 2011, a federal grand jury indicted a defendant on 12 counts of wire fraud in violation of 18 U.S.C. §1343 and (2) on April 26, 2017, the government filed a superseding indictment...
View ArticleCriminal – Speedy trial – Unavailable witness
Where a Superior Court judge dismissed two first-degree murder indictments, the dismissal order must be vacated because (1) a one-week continuance caused by an essential witness’s resistance to...
View ArticleCriminal – Speedy trial – Discovery
Where a defendant has argued that his right to a speedy trial was violated, that argument must be rejected because the defendant acquiesced in, benefited from and was partially responsible for the vast...
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