US v. Battis, No. 08-2949

In defendant's challenge to his conviction for attempted homicide and related offenses arising from a fight at a bar, judgment of the district court in concluding that there was no constitutional violation is reversed with instructions to dismiss the indictment and vacate the conviction as defendant's right to a speedy trial was violated as, the fourth Barker factor weighs against the Government as prejudice will be presumed when there is a forty-five month delay in bringing a defendant to trial.   

Read US v. Battis, No. 08-2949

Appellate Information

On Appeal from the United States District Court for the Eastern District of Pennsylvania

Opinion Filed December 14, 2009

Judges

Before:  Rendell and Ambro, Circuit Judges, and McVerry, District Judge

Opinion by Circuit Judge  Rendell

Counsel:

For Appellant:  Robert Epstein, Brett  G. Sweitzer, Defender Association of Philadelphia, Federal Court Division

For Appellee:   Bernadette A. McKeon, Mark S. Miller, Office of the United States Attorney