Tuesday, May 07, 2013

Seventh Circuit -- Jose J. Loera, Jr. v. USA

Dismissal of indictment was insufficiently final judgment on the merits to allow for automatic exclusion of evidence barred in the first proceeding under exclusionary rule.

As there was no prejudice or invidious intent behind the delay, no basis for ineffective assistance claim on Speedy Trial Act violation.

Jose J. Loera, Jr. v.   USA
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.