Legal Opinion

United States v. James F. Wedalowski

Court of Appeals for the Second Circuit

Decided March 6, 1978No. 532, Docket 77-1406PublishedCited by 16 opinions

1Opinion of the Court

WYATT, District Judge:

On this appeal, the question is whether the district judge (Elfvin, J.) was correct in determining, after careful consideration, that the government was not ready for trial within the time required by the rules then applicable in the Western District of New York. On the basis of that determination, the indictment was dismissed by oral order in open court on July 27, 1977. A written judgment of dismissal was filed on August 11, 1977. The government took this appeal from the July 27, 1977 order (18 U.S.C. § 3731).

We find that the determination of the District Court was not…

2Cases cited12 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Wade v. HunterSupreme Court of the United States · 1949
  3. Illinois v. SomervilleSupreme Court of the United States · 1973
  4. Serfass v. United StatesSupreme Court of the United States · 1975
  5. Downum v. United StatesSupreme Court of the United States · 1963

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3Cited by16 opinions

  1. Hoffler v. BezioCourt of Appeals for the Second Circuit · 2013
  2. United States v. John Dillard O'BryantCourt of Appeals for the Eleventh Circuit · 1985
  3. United States v. Kevin WhiteCourt of Appeals for the Second Circuit · 1992
  4. United States v. Charles Williams, Claddis Arrington, Mary Ferguson, A/K/A "Mary Davis", A/K/A "Mary Johnson", and Brooks Gregory DavisCourt of Appeals for the Second Circuit · 1991
  5. People v. MoonIllinois Supreme Court · 2022

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