Topic: preindictment delay violates due process only when it is un… · Go Syfert
← All topics

Topic #12643

4 canonical passages across 3 cases, quoted by 31 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from State v. Jones (Slip Opinion).

#Case FlagCanonical passage Citers
1 State v. Jones (Slip Opinion) Anchor
ohio · 2016
green “preindictment delay violates due process only when it is unjustifiable and causes actual prejudice.” 10
2 State v. Walls
ohio · 2002
green “a court must 'consider the evidence as it exists when the indictment is filed and the prejudice the defendant will suffer at trial due to the delay.” 10
3 State v. Whiting
ohio · 1998
green “once a defendant presents evidence of actual prejudice, the burden shifts to the state to produce evidence of a justifiable reason for the delay.” 8
4 State v. Whiting
ohio · 1998
green “burden-shifting framework for analyzing a due-process claim based on preindictment delay which states that once a defendant presents evidence of actual prejudice, the burden shifts to the state to produce evidence of a justifiable reason for the delay.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check