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United States Vs. Macdonald
Cites for this judgment
- US Supreme Court
- Mar 31, 1982
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U.S. 1 (1982) U.S. Supreme Court United States v. MacDonaldSearch
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U.S. 1 (1982) United States v. MacDonaldSearch
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the August, 1974, convening of the grand jury violated MacDonald's constitutional right to a speedy trial. MacDonald v. UnitedSearch
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denial of a motion to dismiss on Speedy Trial Clause grounds until after the trial had been completed. United States v. MacDonaldSearch
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attaches only when a formal criminal charge is instituted and a criminal prosecution begins. In United States v. MarionSearch
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the period between arrest and indictment must be considered in evaluating a Speedy Trial Clause claim. Dillingham v. UnitedSearch
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delay prior to arrest or indictment may give rise to a due process claim under the Fifth Amendment, see United States v. LovascoSearch
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The Court identified the interests served by the Speedy Trial Clause in United States v. MarionSearch
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Barker v. WingoSearch
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MacDonald's discharge barred any further military proceedings against him. United States ex rel. Toth v. QuarlesSearch
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charges is not included in determining whether the Speedy Trial Clause has been violated. See, e.g., United States v. HillegasSearch
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Arnold v. McCarthySearch
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United States v. MartinSearch
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United States v. BishtonSearch
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U.S.App.D.C. 51, 55, 463 F.2d. 887, 891 (1972). The Fifth Circuit reached a seemingly contrary result in United States v. AvalosSearch
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Klopfer v. NorthSearch
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and reported that the local United States Attorney predicted that indictments would be forthcoming. United States v. MarionSearch
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for Speedy Trial Clause purposes. United States v. MacDonaldSearch
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him for that crime. Our cases, to the extent they address the issue, contradict the majority's view. In Klopfer v. NorthSearch
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has been discharged from custody, warrants application of the speedy trial protection. The analysis in United States v. MarionSearch
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In Barker v. WingoSearch
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See United States v. LovascoSearch
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right. I find the question close. However, after examining the four speedy trial right factors enunciated in Barker v. WingoSearch
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the strength of his efforts is a powerful indication that he has suffered serious personal prejudice. See Barker v. WingoSearch
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actual prejudice to the defense at trial is not, of course, necessary to demonstrate a speedy trial violation. Moore v. ArizonaSearch
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trial purposes. The First, Fifth, Seventh, and Tenth Circuits have all reached this conclusion. See United States v. CabralSearch
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United States v. AvalosSearch
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United States v. McKimSearch
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Jones v. MorrisSearch
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United States v. DeTienneSearch
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United States v. MerrickSearch
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F.2d 1087, 1090 (CA10), cert. denied, 409 U.S. 1023 (1972). See also United States v. SmallSearch
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trial, although in fact civilian indictment immediately followed dismissal of military charges). But see United States v. DavisSearch
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opinions the majority cites as support have issued somewhat contradictory signals on this question. See United States v. LaiSearch
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F.2d 665 (CA6), cert. denied sub nom. Williams v. UnitedSearch
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time between dismissal and indictment for speedy trial purposes without discussing contrary opinion in United States v. MartinSearch
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F.2d 1223, 1233, n. 13 (CA9 1980) (leaving question open, and limiting Arnold v. McCarthySearch
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United States v. HenrySearch
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U.S. Supreme Court United States v. MacDonaldSearch
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MacDonald v. UnitedSearch
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In United States v. MarionSearch
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Dillingham v. UnitedSearch
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Toth v. QuarlesSearch
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United States v. HillegasSearch
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