Fastcase - Authority Check Report

8/1/12 2:32 PM

Authority Check Report Generated on August 1, 2012

Doggett v. United States, 505 U.S. 647, 112 S.Ct. 2686, 120 L.Ed.2d 520 (1991)
Authority Check is an automated system that identifies later-citing cases, but it is not a citator, and does not include editorial information telling you whether your case is still good law. Before filing papers with a court or in any way relying on the continuing validity of cases, we recommend that you use either Shepards$ or KeyCite$ as a citator. They are available transactionally, and without a subscription. Interactive Timeline Citation Summary Total number of times this case has been cited: 1329 Cited by federal appellate cases: Cited by state cases: Cited by district court cases: Cited by bankruptcy court cases: Decision date of most recent cite: 250 842 236 1 July 26, 2012

Citing Cases For your convenience, only the top 20 citing cases are displayed, sorted by recent first. Click here to see all 1329 citing cases. 1. Henson v. State (Tex. App., 2012) July 26, 2012 On Appeal from the 178th District CourtHarris County, TexasTrial Court Case No. 1166329... OPINION... A jury convicted appellant, Kevin Ray Henson, of the second degree felony offense of aggravated assault and, after finding the allegations in an enhancement... ... ... paragraph true, assessed punishment at eight years' confinement.1 In two issues, appellant contends that (1) he was denied his constitutional right to a speedy trial and (2) the State failed to present sufficient evidence... 2. United States v. Mendez (D. Or., 2012) July 26, 2012

OPINION & ORDER... S. Amanda Marshall... UNITED STATES ATTORNEY... District of Oregon... Kemp Strickland... ASSISTANT UNITED STATES ATTORNEY... ... Attorney for Plaintiff... ... ... Ernest Warren, Jr... WARREN & SUGARMAN... ... Attorney for Defendant... HERNANDEZ, District Judge:... Defendant Robert Mendez moves to dismiss the indictment charging him with four counts of bank robbery. He also moves to suppress statements he made during questioning. An evidentiary hearing was held on June 26,... 3. People v. Aynbinder (Cal. App., 2012) July 20, 2012

NOT TO BE PUBLISHED... California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115... (Super. Ct. No. LF011460A)... This is a troubling case. Defendant Bert Aynbinder was charged with three counts of assault with a deadly weapon and by means of force likely to... 4. State v. Spearman (N.M., 2012) July 19, 2012

Opinion Number: ... ORIGINAL PROCEEDING ON CERTIORARI... Valerie M. Huling, District Judge... Gary K. King, Attorney General... Nicole Beder, Assistant Attorney General... Ralph E. Trujillo, Assistant Attorney General... Santa Fe, NM... ... for Respondent... Law Office of Scott M. Davidson... Scott M. Davidson... Albuquerque, NM... ... Practicing Law Students of the... University of New Mexico School of Law... Kevin Nault... 5. United States v. Astore (D. Mont., 2012) July 19, 2012

...United States v. Ewell, 383 U.S. 116, 120 (1966), quoted in Barker v. Wingo, 407 U.S. 514, 521 n. 15 (1972), constitutional concern is typically triggered only as the delay "approaches one year," Doggett v. United States, 505
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U.S.Page 3647, 652 n.l (1992). The "delay" in Astore's case did not remotely approach that rule-of-thumb threshold.Further, there was a good reason for each of the two continuances of trial in the case. Trial was originally set for August 1, 2011, 68 days after Astore's arraignment. See 18 U.S.C. 3161(c)(1); Minutes (doc. 3). On July 5, 2011, the United States... 6. United States v. Burgess (4th Cir., 2012) July 11, 2012 PUBLISHED... Appeal from the United States District Courtfor the Western District of North Carolina, at Asheville.Lacy H. Thornburg, District Judge.(1:09-cr-00017-LHT-DLH-1)... Before GREGORY, KEENAN, and WYNN, Circuit Judges... Affirmed in part, vacated in part, and remanded by published opinion. Judge Keenan wrote the opinion, in which Judge Wynn joined. Judge Gregory wrote a separate opinion concurring in part, dissenting in part, and concurring in the judgment... ... COUNSEL... ARGUED:... 7. United States v. Taylor (6th Cir., 2012) July 10, 2012

NOT RECOMMENDED FOR FULL-TEXT PUBLICATIONFile Name: 12a0742n.06... ON APPEAL FROM THE UNITEDSTATES DISTRICT COURT FOR THESOUTHERN DISTRICT OF OHIO... OPINION... Before: COLE and STRANCH, Circuit Judges; CARR, District Judge.*... JANE B. STRANCH, Circuit Judge. Ronald Taylor was tried and convicted by a jury of (1) conspiring to distribute more than 150 kilograms of cocaine, see 21 U.S.C. 841(a)(1), (b)(1)(A) and 846; and (2) engaging in a continuing criminal enterprise. On appeal,... 8. MacLean v. McKee (E.D. Mich., 2012) July 10, 2012

HONORABLE GERALD E. ROSEN... OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEASCORPUS AND GRANTING IN PART CERTIFICATE OF APPEALABILITY... Petitioner Thomas V. MacLean is presently in the custody of the Michigan Department of Corrections, serving concurrent sentences of 17-1/2 to 30 years' imprisonment for second-degree murder and 5 to 15 years' imprisonment for operating a motor vehicle while intoxicated causing death. Through counsel, he filed the pending habeas petition pursuant to 28... 9. United States v. Oidac (3rd Cir., 2012) July 9, 2012

NOT PRECEDENTIAL... On Appeal from the United States District Courtfor the Eastern District of Pennsylvania(D.C. Criminal No. 92-cr-00048-2)District Judge: Honorable Jan E. DuBois... Before: AMBRO, VANASKIE, and VAN ANTWERPEN, Circuit Judges... Keith M. Donoghue [ARGUED]... Robert Epstein... Federal Community Defender Office for the Eastern District of Pennsylvania... Counsel for Appellant... ... Richard P. Barrett... Paul G. Shapiro [ARGUED]... United States Attorney's Office... ... ... ...... 10. State v. Jefferson (Minn. App., 2012) July 9, 2012

...or . . . identify. While such presumptive prejudice cannot alone carry a Sixth Amendment claim . . . it is part of the mix of relevant facts, and its importance increases with the length of delay." Doggett v. United States, 505 U.S. 647, 655-56, 112 S. Ct. 2686, 2693 (1992) (citation omitted). Here, appellant was not required to demonstrate specifically how he was prejudiced because the five-year delay was excessive and caused by the state's negligence. Thus, we presume that appellant was prejudiced by the delay.In sum, while appellant failed to assert his speedy-trial right, the state's... 11. Sechler v. State (Ga. App., 2012) July 6, 2012

SECOND DIVISION... BARNES, P. J., ADAMS and MCFADDEN, JJ... NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. (Court of Appeals Rule 4 (b) and Rule 37 (b), February 21, 2008)... Barnes, Presiding Judge... Errett Christopher Sechler III appeals from the trial court's order denying his motion for discharge and acquittal for an alleged violation of his constitutional right to a speedy trial.1... 12. State v. Oberding, 2012 Ohio 3047 (Ohio App., 2012) July 2, 2012

OPINION... CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEASCase No. 11CR27339... David P. Fornshell, Warren County Prosecuting Attorney, Michael Greer, 500 Justice Drive, Lebanon, Ohio 45036, for plaintiffappellee... Thomas G. Eagle, 3386 North State Route 123, Lebanon, Ohio 45036, for defendant-appellant... PIPER, J... { 1} Defendant-appellant, Thomas Oberding, appeals his conviction and sentence in the Warren County Court of Common Pleas for breaking and entering... { 2}... 13. Davis v. Lewis (E.D. Cal., 2012) July 2, 2012

ORDER, FINDINGS ANDRECOMMENDATIONS... I. INTRODUCTION... Petitioner is a state prisoner and is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner was convicted by a jury of robbery, simple assault, false imprisonment and making criminal threats. The charges and convictions arose out of two different incidents. The jury also found a prior conviction for robbery to be true. Petitioner received an aggregate sentence of thirteen years, eight...
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14. State v. Robinson (Tenn. Crim. App., 2012)

June 29, 2012

...the anxiety and concern due to unresolved criminal charges, and the risk that evidence will be lost or memories diminished." State v. Utley, 956 S.W.2d 489, 492 (Tenn. 1997) (citing Doggett v. United States, 505 U.S. 647, 654 (1992)). A probation revocation proceeding falls within a defendant's constitutional right to a speedy trial. See Allen v. State , 505 S.W.2d 715, 719 (Tenn. 1974). In determining whether the defendant's right to a speedy trial was violated, a court considers the following four factors: (1) the length of the delay; (2) the reason for the delay; (3)... 15. Castillo v. State (Tex. App., 2012) June 28, 2012

...v. Flores, 951 S.W.2d 134, 137 (Tex. App.Corpus Christi 1997, no pet.).A speedy trial claim is not ripe unless a period of time has passed that is unreasonable under the circumstances. See Doggett v. United States, 505 U.S. 647, 651-52 (1990). Generally speaking, a one-year delay is sufficient to trigger a speedy-trial inquiry. See Dragoo v. State, 96 S.W.3d 308, 313 (Tex. Crim. App. 2003). However, a delay caused in whole or in part by the defendant can constitute a waiver of a speedy trial claim. See State v. Munoz, 991 S.W.2d 818, 822 (Tex. Crim. App. 1999).B. AnalysisHere, the... 16. Heinzman v. State (Ind. App., 2012) June 27, 2012

FOR PUBLICATION... ATTORNEY FOR APPELLANT:... KIMBERLY A. JACKSON... Indianapolis, Indiana... ... ATTORNEYS FOR APPELLEE:... GREGORY F. ZOELLER... Attorney General of Indiana... ... ERIC P. BABBS... Deputy Attorney General... Indianapolis, Indiana... APPEAL FROM THE HAMILTON SUPERIOR COURT NO. 2The Honorable Daniel Pfleging, JudgeCause Nos. 29D02-0511-FC-239, 29D02-0805-FC-46... OPINION - FOR PUBLICATION... 17. Reid v. United States (D. Del., 2012) June 27, 2012

MEMORANDUM OPINION... Richard Reid. Pro se movant... Lesley F. Wolf, Assistant United States Attorney, United States Department of Justice, Wilmington, Delaware. Counsel for respondent... June 27, 2012... Wilmington, Delaware... ... ... ... ROBINSON, District Judge... I. INTRODUCTION... Richard R. Reid ("movant") is a federal inmate currently confined at the Federal Correctional Institution in Loretto, Pennsylvania. Movant timely filed a motion to vacate, set aside, or correct sentence pursuant... 18. Bowling v. Parker (E.D. Ky., 2012) June 26, 2012

MEMORANDUM OPINION & ORDER... Nearly twenty years ago, a Kentucky jury convicted Petitioner Ronnie Lee Bowling of murdering Ronald Smith and Marvin Hensley and sentenced him to death. Bowling has filed a petition for the writ of habeas corpus, R. 1, alleging numerous errors in his trial and appeal. As the Court explained in its previous Order, R. 192, many of Bowling's claims are intertwined with his motions for an evidentiary hearing, R. 118, additional discovery, R. 120, and funds for a brain... 19. United States v. Mensah-Yawson (3rd Cir., 2012) June 20, 2012

NOT PRECEDENTIAL... On Appeal from the United States District Courtfor the District of Western Pennsylvania(D.C. Criminal No. 2-09-cr-00276-001)District Judge: Honorable Gary L. Lancaster... Submitted Pursuant to Third Circuit L.A.R. 34.1(a)June 19, 2012... Before: AMBRO, and VANASKIE and VAN ANTWERPEN, Circuit Judges... OPINION OF THE COURT... VAN ANTWERPEN, Circuit Judge... Appellant Steven Mensah-Yawson appeals his judgment of conviction after being found guilty by a jury of conspiring to... 20. Alexander v. Warden, Ross Corr. Ins. (6th Cir., 2012) June 18, 2012

...delay was actually about two-and-a-half months.In analyzing Alexander's federal speedy trial claim, the state appellate court properly relied on the Supreme Court's decisions in Barker and Doggett v. United States, 505 U.S. 647 (1992), as the governing law. The appellate court conducted a separate analysis of the... 1999-2012 Fastcase, Inc. Privacy Policy | Terms of Service | Scope of Coverage

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