Opinion · Supreme Court of the United States
Curry v. Califano
52 L. Ed. 2d 363
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1977-04-18
- Topic
- general
in extreme case of government misconduct it may not be necessary to prove actual prejudice | no violation of speedy-trial right even though prosecution deliberately caused part of 15-month delay | “We have in the past routinely applied the Barker balancing test even in complex conspiracy eases in which the speedy trial period was thought to be nine or ten months.” | revolver was manufactured in Massachusetts, shipped to Great Britain, and subsequently appeared in Minnesota | describes the three levels of prejudice that may require reversal of a conviction: (1) a showing of actual prejudice even when the three remaining factors are not weighted heavily in favor of accused; (2) deliberate and lengthy government delay for tactical advantage; and (3 | speedy trial should be measured from date of original arrest despite dismissal of original indictment where dismissal resulted not from unrelated charges pending in another court but from desire to prosecute same charges in a more convenient forum | describes the three levels of prejudice that may require reversal of a conviction: (1) a showing of actual prejudice even when the three remaining factors are not weighted heavily in favor of accused; (2) deliberate and lengthy government delay for tactical advantage; and (3 | both applying the Barker test
Citator
- Cited by
- 41 opinions
C. A. 9th Cir. Certiorari denied.