×
You've used up your 3 free articles for this month. Subscribe today.
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.
…
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
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
- Rhode Island Supreme Court Takes on ‘Thorny Issues’ Presented by Sex Offender Registry Laws, by Christopher Zoukis
- $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
- U.S. Customs and Border Protection’s New Fuzzy Math Clearly Results in Inflated Assault Figures, by Christopher Zoukis
- Federal Judge Orders Accused Hacker to Post Bail in Bitcoin or Other Cryptocurrency, by Derek Gilna
- Maryland Court of Appeals Announces Proper Procedure for In Banc Review, by Dale Chappell
- Do Las Vegas Prosecutors Routinely Ignore Discovery Disclosure Requirements?, by Matthew Clarke
- Fourth Circuit Affirms Ruling That Diagnosis of Intellectual Development Disorder Does Not Qualify as ‘Sexually Dangerous Person’ Under Federal Civil Commitment Statute, by Christopher Zoukis
- Second Circuit Rules Police Not Entitled to Qualified Immunity After Failing to Comply With Terms of Material Witness Warrant, by Kevin Bliss
- Will Groundbreaking California Bail Reform Help or Hinder Defendants’ Likelihood of Pre-Trial Release?, by Betty Nelander
- Tennessee’s Death Penalty Laws Cruel and Arbitrary, by Kevin Bliss
- Massachusetts Supreme Court Holds Seven-Year Delay and Inability to Receive Sex Offender Treatment While Awaiting SDP Trial Violates Due Process, by Dale Chappell
- New Jersey Supreme Court Holds DNA Exception Tolling Statute of Limitations Applies Only to Suspect Directly Identified by DNA, by Dale Chappell
- Texas Supreme Court Interprets State’s Expungement Statute, by David Reutter
- ACLU Sues ‘Crooked’ Public Defender in Georgia, by Edward Lyon
- Pennsylvania Police Use Hate Crime Law Against People Who Verbally Abuse Them, Dramatically Increasing Potential Jail Time, by Kevin Bliss
- Conviction Integrity Units, Innocence Commissions Tackle Wrongful Convictions, Prosecutorial Misconduct, by Steve Horn
- Documents Reveal How Law Enforcement Partners with Private Companies to Surveil Schools, by Steve Horn
More from Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- 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
More from these topics:
- Michigan Supreme Court Announces Two-Step Test for Mandatory LWOP Imposed for Pre-Aaron Felony Murder, Sept. 1, 2026. Life without Parole (LWOP), Sixth Amendment, Constitution, state, Cause and Prejudice, Elements of Offense.
- South Carolina Supreme Court Announces Formal Adoption of Fourth Circuit’s Three-Step Cheek Framework for Evaluating Improper Third-Party Contacts With Jurors Under Remmer, Reverses Murdaugh Murder Convictions, and Overrules Ethier Regarding Juror Testim, July 1, 2026. Sixth Amendment, New Trial/Judgment of Acquittal, Impartial Jury, Jury Deliberations, Juror Misconduct Issues.
- California Court of Appeal Announces Defendants Who Exercise Right to Jury Trial on Aggravating Circumstances Are Entitled to Closing Argument by Counsel on Those Factors, July 1, 2026. Sixth Amendment, Counsel - Constructive denial of, Possession or Use of Firearms, Sentences - Adjustments and Departures, Grounds for Relief.
- California Supreme Court Announces Amended § 1170(b) Applies Retroactively to Plea-Bargained Upper Term Sentences, July 1, 2026. Retroactivity, Sixth Amendment, Statutory Construction/Interpretation, Grounds For Withdrawal, Validity of.
- Texas Court of Criminal Appeals Holds Grand Jury No-Bill Terminated Sixth Amendment Right to Counsel, Clarifies Frye Exception, May 1, 2026. Sixth Amendment, Confessions - Admissibility, After Request for Counsel, Police Interrogations, Voluntary Nature/Voluntariness.
- Montana Supreme Court Holds Defendant’s Sentence Must Be Vacated Where District Court Premised Sentence on Defendant’s Exercise of Constitutional Rights to Jury Trial, Silence, and Against Self-Incrimination, April 1, 2026. Fifth Amendment, Sixth Amendment, Self-Incrimination Clause, Right to Testify/Remain Silent, Acceptance of Responsibility.
- Acquitted Conduct Sentencing: Not Guilty – But Punished Anyway, March 1, 2026. U.S. Sentencing Guidelines, Federal Legislation, Fifth Amendment, Sixth Amendment, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- Delaware Supreme Court Announces Trial Courts Must First Resolve Defense Counsel’s Motion to Withdraw Before Addressing Defendant’s Plea-Withdrawal Request, Holding Failure to Do So Violates Sixth Amendment Right to Counsel, Jan. 1, 2026. Appointment of Counsel, Sixth Amendment, Counsel - Constructive denial of, Self-representation, Withdrawal.
- SCOTUS Holds Sixth Amendment Requires Case-Specific Necessity Determination to Screen Child Witnesses, Rejecting Reliance on Mandatory State Statutes Based on Generalized Legislative Findings, Dec. 15, 2025. Sixth Amendment, Confrontation Clause/Rights, Video/Closed Circuit TV Testimony, Confrontation Clause.
- DOJ Settles With Orange County Over Use of “Jailhouse Snitches”, Dec. 1, 2025. Informants, Sixth Amendment, Confessions - Admissibility, Evidence - Failure to Disclose, Pleas Linked to Cooperation.
