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United States Vs. Macdonald
Cites for this judgment
- US Supreme Court
- May 01, 1978
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U.S. 850 (1978) U.S. Supreme Court United States v. MacDonaldSearch
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U.S. 850 (1978) United States v. MacDonaldSearch
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denial of his Sixth Amendment right to a speedy trial. App. to Pet. for Cert. 44a, 46a, 49a. Relying on United States v. MarionSearch
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Fourth Circuit stayed the trial and allowed an interlocutory appeal on the authority of its decision in United States v. LansdownSearch
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II This Court frequently has considered the appealability of pretrial orders in criminal cases. See, e.g., Abney v. UnitedSearch
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DiBella v. UnitedSearch
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Parr v. UnitedSearch
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Cobbledick v. UnitedSearch
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Abney v. UnitedSearch
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States, 431 U.S. at 431 U. S. 656 . See also DiBella v. UnitedSearch
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States, 309 U.S. at 309 U. S. 325 . See also DiBella v. UnitedSearch
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Court, in criminal cases, has twice departed from the general prohibition against piecemeal appellate review. Abney v. UnitedSearch
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exception articulated in Cohen v. BeneficialSearch
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Page 435 U. S. 855 however, rested on several grounds. Those grounds were summarized in Abney v. UnitedSearch
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in a criminal proceeding, holding that an order denying a motion to reduce bail could be reviewed before trial. Stack v. BoyleSearch
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trial grounds does not satisfy those criteria. The considerations that militated in favor of appealability in Stack v. BoyleSearch
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supra, and in Abney v. UnitedSearch
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we hold that the Court of Appeals lacked jurisdiction to entertain respondent's speedy trial appeal. United States v. BaileySearch
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Kyle v. UnitedSearch
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of the defendant's claim. Abney v. UnitedSearch
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trial claims, therefore, are best considered only after the relevant facts have been developed at trial. In Barker v. WingoSearch
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upheld a pretrial appeal by a criminal defendant, the order sought to be reviewed clearly fit this description. Abney v. UnitedSearch
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U.S. at 337 U. S. 546 . The double jeopardy claim in Abney, the demand for reduced bail in Stack v. BoyleSearch
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trial itself, that offends against the constitutional guarantee of a speedy trial. If the factors outlined in Barker v. WingoSearch
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U.S. at 407 U. S. 519 . See also United States v. AvalosSearch
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to pretrial detention, and prolong the period during which defendants released on bail may commit other crimes. Dickey v. FloridaSearch
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circumstances that will support a speedy trial claim which inherently limits the availability of the claim. See Barker v. WingoSearch
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Respondent's discharge barred any further military proceeding against him. United States ex rel. Toth v. QuarlesSearch
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Respondent would rely on United States v. MarionSearch
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to his double jeopardy claim is vitiated by Abney v. UnitedSearch
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jeopardy claim over which the appellate court does have interlocutory appellate jurisdiction. See also United States v. CerilliSearch
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Carroll v. UnitedSearch
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the indictment to be the proper remedy when the Sixth Amendment right to a speedy trial has been violated, see Strunk v. UnitedSearch
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however, this has not led the Court to conclude that such defendants can pursue interlocutory appeals. Abney v. UnitedSearch
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Cogen v. UnitedSearch
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Heike v. UnitedSearch
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U.S. Supreme Court United States v. MacDonaldSearch
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United States v. LansdownSearch
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Cohen v. BeneficialSearch
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In Barker v. WingoSearch
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United States v. AvalosSearch
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Dickey v. FloridaSearch
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See Barker v. WingoSearch
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Toth v. QuarlesSearch
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United States v. CerilliSearch
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Strunk v. UnitedSearch
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United States v. BaileySearch
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