Legal Opinion
United States v. Handa
Court of Appeals for the First Circuit
Decided June 8, 2018No. 17-1961PPublishedCited by 14 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
In this case, we affirm dismissal of the added charge in a superseding indictment on Sixth Amendment speedy trial grounds. On the facts of this case, we hold that the constitutional speedy trial clock starts to run from the date of the original indictment, rejecting the government's assertion that it runs from the date of the charge first brought in the superseding indictment. We also reject, on the facts presented, the government's contention that the Double Jeopardy Clause and the Due Process Clause are the only constitutional constraints as to when it may file a…
2Cases cited40 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Barker v. WingoSupreme Court of the United States · 1972
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Ashe v. SwensonSupreme Court of the United States · 1970
- Doggett v. United StatesSupreme Court of the United States · 1992
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3Cited by14 opinions
- United States v. Maldonado-PenaCourt of Appeals for the First Circuit · 2021
- United States v. BlackCourt of Appeals for the Second Circuit · 2019
- United States v. LaraCourt of Appeals for the First Circuit · 2020
- United States v. ReyesCourt of Appeals for the First Circuit · 2022
- United States v. David LonichCourt of Appeals for the Ninth Circuit · 2022
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