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First Circuit Holds Sixth Amendment Speedy Trial Clock Starts Upon Original, Not Superseding, Indictment When Based on Same Act or Scheme
Loaded on Nov. 6, 2018
by Dale Chappell
published in Criminal Legal News
November, 2018, page 38
Filed under:
Sixth Amendment.
Location:
United States of America.
by Dale Chappell
The U.S. Court of Appeals for the First Circuit held that a superseding indictment based on the same conduct as the original indictment does not reset the Sixth Amendment speedy trial clock and affirmed the district court’s dismissal of the charge in the indictment.
In March 2011, ...
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More from this issue:
- Judge orders Tacoma to pay fines, attorney fees over stingray records, by Dale Chappell
- $150,000 Settlement for Man Beaten by West Virginia State Police
- Ninth Circuit Reverses Conviction for Conspiracy to Smuggle Drugs Based Solely on ‘Drug Courier Profile’, by Christopher Zoukis
- First Circuit Holds Sixth Amendment Speedy Trial Clock Starts Upon Original, Not Superseding, Indictment When Based on Same Act or Scheme, by Dale Chappell
- Texas Woman Receives Five Years in Prison for Illegal Voting After Criminal Conviction, by Derek Gilna
- Ohio Governor Commutes Another Death Sentence
- Nevada Supreme Court Announces Testimony at Probation Revocation Hearing Inadmissible in Later Criminal Proceeding, by Dale Chappell
- Second Circuit Denies NYPD Qualified Immunity for Use of Military-Grade Acoustic Weapon on Peaceful Protesters, by Christopher Zoukis
- Brooklyn, New York’s Top Prosecutor Opens Door for Expungement of Pot Convictions, by Derek Gilna
- West Virginia Legislature Impeaches State Supreme Court Justices for Alleged Misconduct, by Derek Gilna
- News in Brief
- First Circuit Vacates Supervised Release Condition Effectively Prohibiting Contact with His Minor Children, by Matthew Clarke
- U.S. Supreme Court: Defendant Sentenced Pursuant to a Rule 11(c)(1)(C) Plea ‘Generally Eligible’ for Sentence Reduction when Guidelines Retroactivity Reduced, by Christopher Zoukis
- Federal Judge Orders New Orleans Municipal Court System to Reform Money Bail, by Derek Gilna
- D.C. Circuit Holds Generic Appeal Waiver Does Not Bar IAC Claim During Sentencing, by Dale Chappell
- Ninth Circuit Affirms $4 Million Verdict for Couple Shot by L.A. County Deputies During Warrantless Entry into Their Home, by Dale Chappell
- Civil Libertarians Concerned About Undisclosed FBI Research into Tattoo Recognition Technology, by Derek Gilna
- U.S. Supreme Court: Plainly Miscalculated Guidelines Range Requires Appellate Court to Vacate Sentence in the Ordinary Case, by Christopher Zoukis
- Indiana Supreme Court Announces Single Act of Resisting Police Bars Multiple Counts, Regardless of Number of Officers Involved or People Killed, by David Reutter
- Federal Judge Rules Cullman County, Alabama, Money Bond System Unconstitutional, by Derek Gilna
- Is a Florida Chief Judge Taking Cues From a Prosecutor?, by Jacqueline Azis, Somil Trivedi
- The Legacy of a Torturer, by Joan Parkin
- Report: Right to Trial Exists in Name. In Reality, Only 3% of Cases Go to Trial, by Steve Horn
- Man Who Lawfully Had Sex with Girlfriend, 17, Could Face Decades in Prison for Taking Sexually Explicit Photos of Her
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- $3 Million Federal Court Settlement: Philadelphia Agrees to End Civil Forfeiture, by Derek Gilna
- The Power of the Prosecutor: A Personal Account, by Ashley Sawyer
- Retaliation a Risk When Video Recording Police Brutality, by Kevin Bliss
- How to File a Police Complaint, by Kevin Bliss
- Kansas Supreme Court Holds Prosecutor’s Blatant Lies to Jury During Closing Argument Constituted Prosecutorial Misconduct Requiring Reversal of Murder Convictions, by Dale Chappell
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More from Dale Chappell:
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- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
More from these topics:
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- Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation, June 15, 2022. Sixth Amendment, Confrontation Clause/Rights.
- Fourth Circuit: Opening of Detainee’s Legal Mail Outside His Presence Violates Right to Free Speech, Nov. 1, 2020. Legal Mail, Fourth Amendment, rights, Sixth Amendment.
- Nevada Supreme Court: 26-Month Delay Between Charges and Arrest Constitutes Speedy Trial Violation, March 18, 2020. Sixth Amendment.
- SCOTUS Declares Portion of Federal Supervised Release Statute Unconstitutional, Sept. 16, 2019. Release and Reentry, Fifth Amendment, Sixth Amendment.
- Right to Speedy Trial Not Triggered by Placement in Administrative Segregation, Sept. 9, 2019. Trials, Control Units/SHU/Solitary Confinement, Sixth Amendment.
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- Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective, May 15, 2019. Public Defenders, Sixth Amendment.
- Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard, May 15, 2019. Attorneys, Trials, Sixth Amendment.
- Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause, May 15, 2019. Trials, Sixth Amendment.