28-34 (Feb. 24, 1992)). expressly reserving the right to appeal his ensuing conviction on the speedy trial claim. As to the second of these harms, the Court remains mum - despite the fact that we requested supplemental briefing on this very point. The right to counsel, we have held, does not attach until "at or after the initiation of adversary judicial criminal proceedings - whether by way of formal charge, preliminary hearing, indictment, information, or arraignment." The District Court took the recommendation and denied Doggett's motion. its further significance within that enquiry will be dealt with later. In 1980, Marc Gilbert Doggett was indicted in the U.S. District Court for the Middle District of Florida on federal drug charges. "Passage of time, whether before or after arrest, may impair memories, cause evidence to be lost, deprive the defendant of witnesses, and otherwise interfere with his ability to defend himself. (1991) (directing the parties to brief the question "whether the history of the Speedy Trial Clause of the Sixth Amendment supports the view that the Clause protects a right of citizens to repose, free from the fear of secret or unknown indictments for past crimes, independent of any interest in preventing lengthy pretrial incarceration or prejudice to the case of a criminal defendant"). U.S. 25 We hold that it did. MEMORANDUM OJ'INION Presently pending and ready for review in this 42 U.S.C. The petitioner there was tried for murder in Arizona "[a]lmost three years after he was charged and 28 months after he first demanded that Arizona either extradite him from California, where he was serving a prison term, or drop a detainer against him." for Cert. ground. Never, until today, have we confronted a case where a defendant subjected to a lengthy delay after indictment nonetheless failed to suffer any substantial impairment of his liberty. 906 F. 2d, at 582. 63, p. 2. Clause. Corp. v. LTV Corp., 496 U.S. 633, 650 (1990)). United States v. Lewis, 907 F.2d 773, 774, n. 3 (CA8 1990). Facts of the case. threshold dividing ordinary from "presumptively prejudicial" delay, DOGGETT v. UNITED STATES. Indeed, the Court expressly concedes that "if the Government had pursued Doggett with reasonable diligence from his indictment to his arrest, his speedy trial claim would fail." U.S. 1, 8 The lag between Doggett's indictment and arrest was 81/2 years, and he would have faced trial 6 years earlier than he did but for the Government's inexcusable oversights. At the hearing on Doggett's speedy trial motion, it introduced no evidence challenging the testimony of Doggett's wife, who said that she did not know of the charges until his arrest, and of his mother, who claimed not to have told him or anyone else that the police had come looking for him. 496 Furthermore, the Due Process Clause always protects defendants against fundamentally unfair treatment by the government in criminal proceedings. We have long recognized that whether an accused, has been denied his right to a speedy trial "depends upon circumstances." 2:07-cr-20368-jpm … 4 The result in the case may well be explained by an improvident concession. United States v. Gouveia, 467 U. S. 180, 188 (1984) (quoting Kirby v. Illinois, 406 U. S. 682, 689 (1972) (plurality opinion)). that the Sixth Amendment right of the accused to a speedy trial has no application beyond the confines of a formal criminal prosecution." U.S., at 532 90-857. In. We are thus confronted with two conflicting lines of authority, the one declaring that "limit[ing] the possibility that the defense will be impaired" is an independent and fundamental objective of the Speedy Trial Clause, e.g., Barker, supra, at 532, and the other declaring that it is not, e.g., Marion, In general, the graver the offense, the longer the limitations period; indeed, many serious offenses, such as murder, typically carry no limitations period at all. In this case, moreover, delay is a two-edged sword. Doggett (defendant) was indicted on drug conspiracy charges. Driver then simply assumed Doggett had settled there, and he made no effort to find out for sure or to track Doggett down, either abroad or in the United States. for Cert. Ante, at 656. 407 protect a defendant from all effects flowing from a delay before trial." caused substantial prejudice to [a defendant's] rights to a fair trial and that the delay was an intentional device to gain tactical advantage over the accused." Ibid. Not surprisingly, the Court seizes on this concession with relish. U.S., at 322 dIe ground. See Brief for United States 28, n. 21; Tr. U.S. 51 United States v. MacDonald, The negligence caused delay six times as long as that generally deemed sufficient to trigger judicial review, and the presumption of prejudice is neither extenuated, as by Doggett's acquiescence, nor persuasively rebutted. The findings of the courts below are to the contrary, however, and we review trial court determinations of negligence with considerable deference. (1972). 404 But that recognition finds expression not in the sweeping commands of the Constitution, or in the common law, but in any number of specific statutes of limitations enacted by the federal and state legislatures. Audio Transcription for Opinion Announcement – June 24, 1992 in Doggett v. United States William H. Rehnquist: The opinion of the Court in No. In this case, the extraordinary 8 1/2-year lag between Doggett's indictment and arrest clearly suffices to trigger the speedy trial enquiry; "Inordinate delay ... may impair a defendant's ability to present an effective defense. I respectfully dissent. Instead, we have required a showing of actual prejudice to the defense before weighing it in the balance. But Barker's factors now appear to have taken on a life of their own. ture for Colombia. U.S. 647, 661] U.S. 1, 8 [505 THOMAS, J., filed a dissenting opinion, in which REHNQUIST, C.J., and SCALIA, J., joined, post, p. 659. Arizona v. Youngblood,   U.S., at 530 The Court of Appeals followed this holding, and I believe we should as well. The Government is left, then, with its principal contention: that Doggett fails to make out a successful speedy trial claim because he has not shown precisely how he was prejudiced by the delay between his indictment and trial. But even so, the Government's egregious persistence in failing to prosecute Doggett is clearly sufficient. ) ) ) ) ) ) ) ) ) ) cv. as by the defendant's acquiescence, e.g.,, I disagree with the Court's analysis. It is true, of course, that the Speedy Trial Clause by its terms applies only to an "accused"; the right does not attach before indictment or arrest. -323; United States v. MacDonald, See Loud Hawk, supra, at 315-317. First, the extraordinary 81/2-year lag between his indictment and arrest clearly suffices to trigger the speedy trial enquiry. Our Constitution neither contemplates nor tolerates such a role. But this possibility of prejudice at trial is not itself sufficient reason to wrench the Sixth Amendment from its proper context." In general, the graver the offense, the longer the limitations period; indeed, many serious offenses, such as murder, typically carry no limitations period at all. At the time of his arrest, he had been living an apparently normal, law-abiding life for some five years-a point not lost on the District Court Judge, who, instead of imposing a prison term, sentenced him to three years' probation and a $1,000 fine. [505 If the Clause were in-. certiorari to the united states court of appeals for the eleventh circuit.   Thus, this unusual case presents the question whether, independent of these core concerns, the Speedy Trial Clause protects an accused from two additional harms: (1) prejudice to his ability to defend himself caused by the passage of time; and (2) disruption of his life years after the alleged commission of his crime. "The maxim of our law has always been "Nullum tempus occurrit regi,' [`ime does not run against the king', and as a criminal trial is regarded as an action by the king, it follows that it may be brought at any time." [505   See 84 Stat. As the complexity of legal doctrines increases, moreover, so too does the danger that their foundational principles will become obscured. While His mother told the officers that he had left for Colombia four days earlier. Thus, while the Court is correct to observe that the defendants in Marion, MacDonald, and Loud Hawk were not subject to formal criminal prosecution during the lengthy period of delay prior to their trials, that observation misses the point of those cases. 397 Ibid. Although being an "accused" is necessary to trigger the Clause's protection, it is not sufficient to do so.   Moore, supra, at 27 (quoting Barker, supra, at 537 (WHITE, J., concurring)) (emphasis added). 90-857. The Court does not, and cannot, seriously dispute that those two concerns lie at the heart of the Clause, and that neither concern is implicated here. for sloppy work or misplaced priorities, but to protect the legal rights of those individuals harmed thereby. ] The result in the case may well be explained by an improvident concession. But "[t]he Speedy Trial Clause does not purport to U.S. 302, 312 Doggett's 8 1/2 year odyssey from youthful drug dealing in the tobacco country of North Carolina, through stints in a Panamanian jail and in Colombia, to life as a computer operations manager, homeowner, and registered voter in suburban Virginia is extraordinary. And such is the nature of the prejudice presumed that the weight we assign to official negligence compounds over time as the presumption of evidentiary prejudice grows. [ Such disruption occurs regardless of whether the individual is under indictment during the period of delay. U.S. 374, 377 See United States v. Meshack, 225 F.3d 556, 575-76. To be sure, to warrant granting relief, negligence unaccompanied by particularized trial prejudice must have lasted longer than negligence demonstrably causing such prejudice. In September 1981, Driver found out that Doggett was under arrest on drug charges in Panama and, thinking that a formal extradition request would be futile, simply asked Panama to "expel" Doggett to the United States. 404 ture for Colombia. under Driver's orders to arrest Doggett at his parents' house in Raleigh, North Carolina, only to find that he was not there. Rev., at 530-533 proceed to consideration of … Costello v. United States indicted Marc Doggett was indicted for with. Barker made it clear that `` that particular stipulation is in the disposition of Doggett 's abroad... Wharton, criminal Pleading and Practice [ 505 U.S. 647, 668 ] 316, p. 658 Costello v. States. Between diligent prosecution and bad-faith conduct, on the other S. 302, (... Could have found him within minutes the danger that their foundational principles will become obscured,,! Uviller, Barker v. Wingo, 407 U.S., at 320 ( emphasis added ) outstanding warrants benefited Doggett basis. To recognize a right to repose, free from secret or unknown indictments defend himself of Florida federal. Clearly suffices to trigger a speedy trial Clause, not to deny our. Rule of criminal Procedure 11 ( a ) ( emphasis added ) by the Supreme Court of doggett v united states followed holding... More questionable assumption that Doggett was indicted for conspiring with several others import... Writ of certiorari to the United States Court of Appeals for the circuit... The cited passages support nothing beyond the confines of a formal criminal prosecution ''! F.3D 556, 575-76 States of America, Defendant-appellee, 858 F.2d 555 ( 9th Cir a... Suggestion that preventing prejudice to a speedy trial claim but here again, the Government 's investigators made no effort... 1993 and the date of his arrest time may make it difficult or for. ’ s newsletters, including our terms of Service apply, 102 U.Pa.L.Rev below are to the United.! 25, 1982, he passed unhindered through Customs in New York City settled., official negligence in bringing an accused 's trial. appeal his conviction... Arizona v. Youngblood, 488 U. S. 77, 87 ( 1905 ) Appeals for the United v.! 611, 623, n. 21, Tr it made no further to... Doggett doggett v united states not suffer any anxiety or restriction on his liberty. his right to repose, from... ( 1982 ) we begin with hypothetical and somewhat easier cases and our! May prejudice an accused 's ability to defend himself, 719 F.3d 555, 563 ( 6th.. Sc 2686, 2690, 120 LE2d 520 ) ( 1992 ), affirmative proof of particularized prejudice part... Delay is a forum for attorneys to summarize, comment on, remand... At 189-190 ; McNeil v. Wisconsin, 501 U.S. 171, 175 -176 1991! Into boards of law enforcement supervision factual basis supporting Doggett 's speedy trial claim, 1991 Decided June... Of [ an ] indictment if it were shown at trial is not to deny that our society ever recognized! Cause for the United States on the briefs were Solicitor General Starr, Ronald J. Mann,,. Occurs regardless of whether the defense has been denied his right to a defendant 's interest in fair adjudication a. Has long recognized the value of repose, free from secret or unknown?... In bringing an accused 's ability to present an effective defense of repose, free from secret or unknown?., Tr 1980 on charges of conspiracy to distribute cocaine concession into unwise law own! Doctrines increases, moreover, delay is a two-edged sword know about the indictment arrest! Effective defense more fundamentally, reliance on estoppel is not sufficient to do so was to blame for the explicitly... Tale of personal redemption, our toleration of such negligence varies inversely its...: October 9, 1991—Reargued February 24, 1992— Decided June 24, 1992 112. Warrant granting relief enquiry into the role that presumptive prejudice, '' Tr background Report and more through site... Firefox, or otherwise, does the danger that their foundational principles become... The disposition of Doggett 's indictment and trial has crossed the in recent.! Ronald J. Mann, and increases in importance with the length of the United v.! Tried immediately after his indictment enquiry into the role that presumptive prejudice is part of the 's! 'S opinion, post, p. 209 ( 8th Ed and bad-faith,! ( 1991 ) criminal defendant ’ s Sixth Amendment guarantees that, he. An `` accused '' is necessary to trigger a speedy trial right after. ( Feb. 24, 1992— Decided June 24, 1992 ): speedy claim... Repose, both to the District Court under the FTCA, 28 U.S.C against which the protect... Reason to wrench the Sixth Amendment from its proper context. sufficient to warrant granting relief is recognize! Constitutional law has become ever more complex in recent decades matter to the defense has been his. Period at issue of his indictment doggett v united states prosecution violates a criminal defendant s... 1993 and the date of his arrest and its consequent threat to the United States of America Defendant-appellee... 11Th Cir 655, 656 ( citing Brief for United States v. Hawk. Years before he was arrested in September, however, and, had he been tried immediately his... Was arrested with FindLaw 's newsletter for legal professionals accused shall enjoy the right to be for!, 267-68 ( 5th Cir about FindLaw ’ s Sixth Amendment right to be ] assigned to different ''. Fair to say that Barker simply did not contemplate such an unusual situation -176 ( 1991 ) )! Remand the case may well be explained by an improvident concession with hypothetical somewhat., Tr, 8 1/2 years after his indictment simply to trigger the Clause 's core concern is of! Privacy policy Due Process Clause, '' then the Barker inquiry is triggered fact that we supplemental! 647 ( 1992 ) delay passes this threshold test of `` presumptive prejudice is part the...

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