Topic: actual prejudice exists when missing evidence or unavailabl… · Go Syfert
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Topic #14599

4 canonical passages across 3 cases, quoted by 27 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 “actual prejudice exists when missing evidence or unavailable testimony, identified by the defendant and relevant to the defense, would minimize or eliminate the impact of the state's evidence and bolster the defense.” 14
2 State v. Copeland, 89455 (1-24-2008)
ohioctapp · 2008
green “primary guarantee against bringing overly stale criminal charges.” 7
3 United States v. Michael Montgomery
ca6 · 2012
green “because proof of prejudice is always speculative.” 3
4 United States v. Michael Montgomery
ca6 · 2012
green “the burden upon a defendant seeking to prove that pre-indictment delay violated due process is 'nearly insurmountable,' especially because proof of prejudice is always speculative.” 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.

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