Brief Bank II: indexed by issue

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Speedy trial [ 37 ]

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF

RESPONDENT'SMOTION TO DISMISS FOR DENIAL OF DUE PROCESS

Supreme Court held that the four factor balancing test of Barker v. Wingo, 407 U.S. 514

(1972), used to determine when delay of the trial in criminal cases violates the accused's

rights to a speedy trial, is the test to be used in determining when delay in forfeiture

cases violates the Due Process clause. Althought the delay challenged in $8850 was the

delay between the seizure and the filing of a forfeiture complaint, it has been held that the

Barker v. Wingo factors apply to pretrial delay as well

by Grantland, Brenda

U.S. v. John Doe Superior 6086-83 ( 1989 )

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MOTION TO DISMISS FOR DENIAL OF DUE PROCESS

Claimant asserted right to speedy trial, over 6-year delay attributable in part to both

parties. The Supreme Court recognized in $8850 that being deprived of a sum of money

for a substantial period of time is in itself prejudicial. Under other case law, a delay this

extreme results in a presumption of prejudice

by Grantland, Brenda

U.S. v. $748 IN UNITED STATES CURRENCY Superior 6086-83 ( 1989 )

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