John Alcantara v. Leland McEwen

MEMORANDUM **

The Court held in Lovasco that the Sixth Amendment is irrelevant for pre-indictment delay analysis. Id. at 788, 97 S.Ct. 2044. The statute of limitations is the primary protection against stale charges, Id. at 789, 97 S.Ct. 2044, and, of course, it did not ban this murder indictment. The Due Process Clause nevertheless “has a limited role to play.” Id. Even actual prejudice does not necessarily establish a due process violation. Id. at 789-90, 97 S.Ct. 2044. Deferring indictment until the prosecutor has probable cause and until the prosecutor is satisfied that he can prove guilt…