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UNITED STATES v. PERRY

January 18, 1973

UNITED STATES of America
v.
Econuel PERRY, Jr., et al.

Hart, District Judge.


The opinion of the court was delivered by: HART

OPINION AND ORDER

Hart, District Judge.

 Defendants in this case have moved to dismiss for lack of a speedy trial as required by the Sixth Amendment of the Constitution. The pertinent chronology of this case is as follows: January 27, 1970 Alleged robbery committed January 29, 1970 Jackson and Smith arrested February 6-11, 1970 Perry, Beard and Matthews arrested May 12, 1970 Indictment returned May 25-26, 1970 All defendants arraigned June 5, 1970 Status hearing and trial date set for August 19, 1970 June 9, 1970 Jackson and Jones arrested for threats against witness in this case. June 17, 1970 Jones and Jackson indicted for threats in Criminal No. 1097-70. June 24, 1970 Defendants arraigned in Cr. No. 1097-70 and held without bond. July 31, 1970 Denial of bond in Cr. No. 1097-70, reversed by Court of Appeals and Gilbert hearing ordered. August 17, 1970 Trial date of August 19, 1970, continued to indefinite date because Judge recovering from illness. August 20, 1970 Gilbert hearing held in Cr. No. 1097-70. Jones released on bond, Jackson held without bond. November 17-23, 1970 Hearing on Motions to Suppress identification of witnesses Crespo, Cook and Middleton and on Motion to Quash Indictment. Motions to Quash and to Suppress identification of Crespo and Cook denied. Motion to Suppress identification of Middleton granted. November 23, 1970 Trial date set December 1, 1970 December 1, 1970 Trial date continued when Government announced it would take interlocutory appeal from ruling on Middleton. December 2, 1970 Order Suppressing all testimony by the witness Carlin P. Middleton signed. January 4, 1971 Government filed Notice of Appeal. February 12, 1970 Record received in Court of Appeals. March 16, 1971 Government's Motion to Extend Time to File Brief (granted). April 13, 1971 Government's Motion to Extend Time to File Brief (granted). May 11, 1971 Government's Motion for Leave to File Brief, Time Having Expired (granted). May 12, 1971 Defendant Jackson filed Motion to Dismiss Appeal (denied). May 25, 1971 Government's Brief filed. July 1-28, 1971 Various briefs for defendants filed. September 17, 1971 Government's Motion for Leave to File Appendix, Time Having Expired (granted). October 26, 1971 Government's Motion for Leave to File Reply Brief, Time Having Expired (granted). February 10, 1972 Judgment of Court of Appeals, affirming Judgment of District Court (no opinion). February 24, 1972 Government's Motion to Extend Time for Filing Petition for Re-Hearing (granted). March 29, 1972 Government's Motion to Extend Time for Filing Petition for Re-Hearing, Time Having Expired (granted). April 5, 1972 Defendants' Opposition to Extension of Time to File Petition for Re-Hearing. April 12, 1972 Government's Petition for Re-Hearing Filed. October 20, 1972 Judgment vacating Judgment of February 10, 1972, and remanding case for further consideration. November 28, 1972 Certified copy of Judgment to District Court.

19730118

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