Graves v. United States

The majority acknowledges that “this case approaches the boundary” of unconstitutional delay. Ante at 1105. In my judgment, the majority strains — unconstitutionally — for affirmance.

I

The plain facts are:

• Appellant was incarcerated in the D.C. Jail, unable to make a $2,500 bond, for the 25 months between arrest and trial. No other charges were pending, and appellant was not serving time for another offense. (A parole detainer relating to a previous conviction was lodged solely because of appellant’s arrest in this case; it was lifted 13 months after arrest.)

• Appellant persistently asserted…