|
|
Strunk v. United States, 412 U.S. 434 (1973)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Strunk v. United States, 412 U.S. 434 (1973)
Strunk v. United States No. 72-5521 Argued April 24, 1973 Decided June 11, 1973 412 U.S. 434
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
Petitioner was convicted of a federal offense and was sentenced to a term of five years, to run concurrently with a sentence of one to three years that he was serving pursuant to a state court conviction. Before trial, the District Court denied his motion to dismiss the federal charge on the ground that he had been denied a speedy trial. The Court of Appeals reversed, holding that he had been denied a speedy trial, but that the "extreme" remedy of dismissal of the charges was not warranted. The case was remanded to the District Court to reduce the sentence by 259 days to compensate for the unnecessary delay that had occurred between the return of the indictment and petitioner’s arraignment. The Government did not file a cross-petition for certiorari challenging the finding of denial of a speedy trial.
Held: In this case, the only question for review is the propriety of the remedy fashioned by the Court of Appeals. In light of the policies underlying the right to a speedy trial, dismissal must remain, as noted in Barker v. Wingo, 407 U.S. 514, 522, "the only possible remedy" for deprivation of this constitutional right. Pp. 435-440.
467 F.2d 969, reversed and remanded.
BURGER, C.J., wrote the opinion for a unanimous Court.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Strunk v. United States, 412 U.S. 434 (1973) in 412 U.S. 434 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=PPFK3JURMKMDBIL.
MLA: U.S. Supreme Court. "Syllabus." Strunk v. United States, 412 U.S. 434 (1973), in 412 U.S. 434, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=PPFK3JURMKMDBIL.
Harvard: U.S. Supreme Court, 'Syllabus' in Strunk v. United States, 412 U.S. 434 (1973). cited in 1973, 412 U.S. 434. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=PPFK3JURMKMDBIL.
|