Commonwealth v. Scher

Although I concur in the disposition announced by the Court, I do not fully agree with the lead opinion’s analysis and conclusion surrounding the prejudice component of Appellant’s due process claim.

The prejudice element of a due process claim based upon pre-arrest delay requires proof of both actual and substantial prejudice. See United States v. Marion, 404 U.S. 307, 324, 325-26, 92 S.Ct. 455, 465, 466, 30 L.Ed.2d 468 (1971); Jones v. Angelone, 94 F.3d 900, 907 (4th Cir.1996). To establish actual prejudice a defendant cannot rely upon vague, speculative, or conclusory allegations. See…