Eighth Circuit -- United States v. Jackie Porchay

No speedy trial violation.

Statutory:

No speedy trial violation as part of the alleged time was requested by deft, and a newly indicted deft was joined in the interim.

Court need not make detailed factual findings to justify tolling the speedy trial clock.

Mistrial from Brady does not mean that all consequent delays should be charged to the gov't when calculating speedy trial.

Sixth Amendment:

TKO'd by deft's active litigating.

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Franks claim TKO'd - no need to disclose that some of affiant's FBI background was as a 'paraprofessional' & no proof of intentional/reckless disregard for truth.

No Brady  violation where disclosed during tril (but not beforehand)

No abuse of discretion in denying mistrial after codeft spuriously invoked the Fifth -- no prejudice.

No error in denying pretrial release.

Dissent: Violation of Speedy Trial Act , as gov't didn't offer proof that missing witness was essential.


United States v. Jackie Porchay