green
Positive treatment
Quoted verbatim 3×
8.4 score
G Cite
cited 2× by 1 distinct case, last quoted 1996 ·
... pre-indictment delay ... offends due process if the defendant can carry the burden of showing (1) that the government delayed bringing the indictment in order to gain a tactical advantage; and (2) that the delay caused him actual and substantial prejudice
⚠ not in text
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 18 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States v. A. Guy Crouch, III and Michael J. Frye
(4×)
also: Cited "see, e.g."
... pre-indictment delay ... offends due process if the defendant can carry the burden of showing (1) that the government delayed bringing the indictment in order to gain a tactical advantage; and (2) that the delay caused him actual and substantial prejudice
discussed
Cited as authority (quoted)
United States v. Sanchez
he undisputed rule that a state arrest does not trigger the speedy trial act's clock, even if the arrest is for conduct that is the basis of a subsequent indictment for a federal offense.
examined
Cited as authority (quoted)
UNITED STATES OF AMERICA v. A. GUY CROUCH, III and MICHAEL J. FRYE
. . . pre-indictment delay . . . offends due process if the defendant can carry the burden of showing (1) that the government delayed bringing the indictment in order to gain a tactical advantage; and (2) that the delay caused him actual and substantial 29 prejudice
discussed
Cited "see"
Pressley v. Blaine
See Elkin v. Fauver, 969 F.2d 48 (3d Cir.), cert. denied, 506 U.S. 977 , 113 S.Ct. 473 , 121 L.Ed.2d 379 (1992). 6 Accordingly, it is improper for this federal Court to overturn the Petitioner’s disciplinary adjudication and expunge his record if he suffers no harm from the procedural error.
cited
Cited "see"
Yount v. Pennsylvania Department of Corrections
See Elkin v. Fauver, 969 F.2d 48 (3rd Cir.1992), ce rt. denied, 506 U.S. 977 , 113 S.Ct. 473 , 121 L.Ed.2d 379 (1992).
discussed
Cited "see"
State v. Raines
(2×)
See Jones, 962 F.2d at 307 (holding that, while more invasive than fingerprinting, that a blood test to obtain DNA was still a minor intrusion), cert. denied, 506 U.S. 977 , 113 S.Ct. 472 , 121 L.Ed.2d 378 (1992); Rise, 59 F.3d at 1560 (upholding the Oregon DNA collection law prior to, as previously mentioned, the Ninth Circuit's Kincade opinion, which, although it impliedly overruled Rise , subsequently was vacated by the Ninth Circuit, that, as stated previously, has yet to render a decision on rehearing en banc, and stating “[t]hat the gathering of DNA information requires the drawing of …
cited
Cited "see"
Deblasio v. Johnson
See Jones v. Murray, 962 F.2d 302 , cert. denied, 506 U.S. 977 , 113 S.Ct. 472 , 121 L.Ed.2d 378 (1992).
discussed
Cited "see"
Commonwealth v. Ragan
See Geschwendt v. Ryan, 967 F.2d 877 , 884-85 & n. 13 (3d Cir.), cert. denied, 506 U.S. 977 , 113 S.Ct. 472 , 121 L.Ed.2d 379 (1992) (citing Schad v. Arizona, 501 U.S. 624 , 111 S.Ct. 2491 , 115 L.Ed.2d 555 (1991) for the proposition that, in cases involving offenses on a ladder, a violation of federal due process that occurs when a trial court refuses to charge the offense at the bottom rung, is harmless, provided that the jury returns a guilty verdict for an offense higher up rather than for an intermediate offense which was also charged).
discussed
Cited "see"
State v. Alexander
(2×)
Ed.2d 676 (1997); accord United States v. Mills, 964 F.2d 1186, 1192 (D.C.Cir.1992) (en banc), cert. denied, 506 U.S. 977 , 113 S.Ct. 471 , 121 L.
discussed
Cited "see"
Turner v. Commonwealth
(2×)
See Geschwendt v. Ryan, 967 F.2d 877 , 885 n. 13 (3rd Cir.), cert. denied, 506 U.S. 977 , 113 S.Ct. 472 , 121 L.Ed.2d 379 (1992) (declining to apply Matthews, recognizing that Schad v. Arizona, 501 U.S. 624 , 111 S.Ct. 2491 , 115 L.Ed.2d 555 (1991), had overruled it).
discussed
Cited "see"
Kitze v. Commonwealth
(2×)
See Jones v. Murray, 962 F.2d 302 , 310 n. 3 (4th Cir.), cert. denied, 506 U.S. 977 , 113 S.Ct. 472 , 121 L.Ed.2d 378 (1992). 1 Similarly, a potential contempt violation for failure to abide by the trial court’s sentencing order, which could lead to a reimposition of any suspended jail time and a revocation of parole and probation rights, is prospective.
discussed
Cited "see"
United States v. Mark Anthony Graef
See United States v. Mills, 964 F.2d 1186, 1189 (D.C.Cir.) (en banc) (citing, among others, United States v. Alfarano, 706 F.2d 739, 741 (6th Cir.) (per curiam), cert. denied, 461 U.S. 931 , 103 S.Ct. 2095 , 77 L.Ed.2d 304 (1983)), cert. denied, — U.S. -, 113 S.Ct. 471 , 121 L.Ed.2d 378 (1992); United States v. Blackmon, 874 F.2d 378, 381 (6th Cir.) (“defendant is not ‘arrested’ for purposes of the Speedy Trial Act until formal federal charges are pending”), cert. denied, 493 U.S. 859 , 110 S.Ct. 168 , 107 L.Ed.2d 125 (1989).
discussed
Cited "see, e.g."
In Re Gronczewski
Mar.5, 2008); see also Elkin v. Fauver, 969 F.2d 48 , 52 n. 1 (3d Cir.), cert. denied, 506 U.S. 977 , 113 S.Ct. 473 , 121 L.Ed.2d 379 (1992); In re Jamuna Real Estate, LLC, 2010 WL 5093380, at *6 (Bankr.E.D.Pa.
discussed
Cited "see, e.g."
Dial v. Vaughn
(2×)
Warden v. Marrero, 417 U.S. 653 , 94 S.Ct. 2532 , 41 L.Ed.2d 383 (1974); see also Jones v. Murray, 962 F.2d 302 (4th Cir.), cert. denied, 506 U.S. 977 , 113 S.Ct. 472 , 121 L.Ed.2d 378 (1992) (stating that parole eligibility is a facet of the sentence imposed).
discussed
Cited "see, e.g."
United States v. Primm
See also United States v. Mills, 964 F.2d 1186, 1189-90 (D.C.Cir.) (stating the "undisputed rule that a state arrest does not trigger the Speedy Trial Act's clock, even if the arrest is for conduct that is the basis of a subsequent indictment for a federal offense."), cert. denied, 506 U.S. 977 (1992)
discussed
Cited "see, e.g."
United States v. Jerald J. Oakes, Jr.
See, e.g., United States v. Mills, 964 F.2d 1186 (D.C.Cir.) (en banc), cert. denied, - U.S. -, 113 S.Ct. 471 , 121 L.Ed.2d 378 (1992); United States v. Williams, 963 F.2d 1337 (10th Cir.1992) (reversing United States v. Williams, 746 F.Supp. 1076 (D.Utah 1990), relied on by the district court); United States v. Parson, 955 F.2d 858 , 873-74 n. 22 (3d Cir.1992); United States v. Allen, 954 F.2d 1160, 1166 (6th Cir.1992); United States v. Carter, 953 F.2d 1449, 1462 (5th Cir.), cert. denied by Hammack v. United States, - U.S. -, 112 S.Ct. 2980 , 119 L.Ed.2d 598 (1992). 2 .
discussed
Cited "see, e.g."
United States v. Frank Dave Clark, A/K/A Tink
However, we have acknowledged that ‘“marked divergences’ in prison terms may be the consequence of overlapping authority to prosecute offenses arising out of the same conduct.” United States v. McLean, 951 F.2d 1300, 1303 (D.C.Cir.1991) (upholding sentence of seventeen-and-a-half years for distribution of cocaine due mainly to defendant’s career offender status even though defendant might have received much lower sentence in D.C. courts), cert. denied, — U.S. —, 112 *843 S.Ct. 1775, 118 L.Ed.2d 433 (1992); see also United States v. Mills, 925 F.2d 455, 461 (D.C.Cir.1991) (U.S. At…
discussed
Cited "see, e.g."
United States v. Brandon C. Allen
See also United States v. Mills, 964 F.2d 1186, 1189-90 (D.C.Cir.) (under the Speedy Trial Act, 18 U.S.C. § 3161 (b), it is the "undisputed rule that a state arrest does not trigger the Speedy Trial Act’s clock, even if the arrest is for conduct that is the basis of a subsequent indictment for a federal offense") cert. denied, — U.S. —, 113 S.Ct. 471 , 121 L.Ed.2d 378 (1992).
Retrieving the full opinion text from the archive…
Maxwell
v.
Illinois
v.
Illinois
No. 92-5615.
Supreme Court of the United States.
Nov 9, 1992.
Cited by 4 opinions | Published
Citer courts: Fifth Circuit (2) · D. Kansas (1)
Sup. Ct. Ill. Certiorari
denied.