Sade v. California

How later courts describe this case

• assuming judicial estoppel may be applied against the government in a criminal case, it was inapplicable when government did not advocate mutually exclusive positions
• finding insufficient evidence to support charge of possession of cocaine where certain particulars of the incident differed from pattern that governed previous cocaine transactions
• government’s two-month delay between court’s mandate for retrial and defendant’s initial appearance not prompt, but not violation of sixth amendment right to speedy trial
• where the indictment fairly specifies the offense charged and notifies the defendant of the particulars, the defendant has knowledge that other overt acts underlying the conspiracy might be pleaded at trial