Legal Opinion
James Leroy Cain v. Steve Smith, Steven L. Beshear
Court of Appeals for the Sixth Circuit
Decided July 7, 1982No. 81-5145PublishedCited by 55 opinions
1Opinion of the Court
KEITH, Circuit Judge.
The United States District Court for the Western District of Kentucky issued a writ of habeas corpus for James Leroy Cain, the petitioner-appellee, on the ground that the 11% months delay from the date of his arrest to trial violated his constitutional right to a speedy trial. We hold that the delay in this “mundane garden variety” robbery is more than sufficient to trigger further inquiry into the cause for the delay. See Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972).
It appears that the prosecution did not have a prima facie case against Cain during…
2Cases cited41 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Cuyler v. SullivanSupreme Court of the United States · 1980
- Townsend v. SainSupreme Court of the United States · 1963
- United States v. MarionSupreme Court of the United States · 1971
- Brown v. AllenSupreme Court of the United States · 1953
36 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Arthur H. Smith v. Arnold R. Jago, Supt.Court of Appeals for the Sixth Circuit · 1990
- Tamme v. CommonwealthKentucky Supreme Court · 1998
- United States v. Clarence D. SchreaneCourt of Appeals for the Sixth Circuit · 2003
- State v. MorrillSupreme Court of Connecticut · 1985
- Ruffin v. StateSupreme Court of Georgia · 2008
50 more not listed; retrieve them via the Exa API.