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Speedy Trial Act Violated; District Court Gets to Decide if Dismissal Should Be With Prejudice

By Shari Allison

US v. Williams, No. O6-5036 (12/20/07): Dismissal ordered for violation of Speedy Trial Act; case remanded for determination of whether dismissal should be with or without prejudice. On October 10, 2004, the defendant was indicted on charges of possession of crack with intent, possession of a firearm in connection therewith, and felon in possession of the firearm. He was convicted following trial held a little more than a year later. Because of his three prior drug convictions, he was sentenced to life without parole.(I mention this to give you a sense of his chances on remand). The speedy trial problems arose from the defendant?s demands for new counsel, continuances occasioned thereby, and his execution of an open-ended waiver of his speedy trial rights...continue to full post

Full post as published by Tenth Circuit Blog on December 21, 2007 (boomark / email).