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Criminal Law

: Underdog

The dissent gets it right in Supreme Court's latest speedy trial decision.

By Marks & Katz, LLC

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The United States Supreme Court ordinarily rejects criminal cases for review absent a material split of opinions in the state appellate courts, federal appellate courts, or both, unless the Court finds a compelling Constitutional question to justify review nonetheless.  Apparently intended as a pre-emptive ruling rather than as an effort to resolve any split among lower courts, yesterday the U.S. Supreme Court reversed the Vermont Supreme Court's reversal and vacation of a felony assault conviction upon the Vermont court's determination that the defendant's Sixth Amendment speedy trial rights had been violated. Vermont v. Brillon, __ U.S. _ (March 9, 2009).  Michael Brillon went through a series of six lawyers before his case went to trial and after his July 21, 2001, arrest...continue to full post

Full post as published by Underdog on March 10, 2009 (boomark / email).

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