United States v. Homer Lee Tucker

LEAVY, Circuit Judge:

In this case we are called upon to decide whether our supervisory power should be applied to reverse a criminal conviction on the ground that extreme delay in filing a trial transcript resulted in a denial of the appellant’s due process rights. We reject the government’s argument that there was no due process violation and therefore no ground for exercising our supervisory power, and reverse the conviction.

PRIOR PROCEEDINGS

On May 7, 1986, a federal grand jury handed down a ten-count indictment charging Homer Lee Tucker (“Tucker” or “appellant”) and Edwin Dale Houtchens…