Case law · Highest court · Federal

United States v. Marion

Decided
December 20, 1971
Docket
70-19
Status
Published
Jurisdiction
Federal

Cited 3,756 timesNo negative treatment found in this library

What later courts said

  • holding that defendants, whose indictment was dismissed on Speedy Trial grounds by the lower court, were not thereby placed in jeopardy — United States v. Levasseur (1988)
  • holding that the right to a speedy trial does not apply to the period before a defendant is formally charged — State v. Steele (2010)
  • holding that, because the right to a speedy trial does not attach until a person is “accused,” pre-indictment delay does not violate Sixth Amendment — United States v. Amaya (2006)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

Mr. Justice White delivered the opinion of the Court.

This appeal requires us to decide whether dismissal of a federal indictment was constitutionally required by reason of a period of three years between the occurrence of the alleged criminal acts and the filing of the indictment.

On April 21, 1970, the two appellees were indicted and charged in 19 counts with operating a business known as Allied Enterprises, Inc., which was engaged in the business of selling and installing home improvements such as intercom sets, fire control devices, and burglary detection systems. Allegedly, the business was fraudu [*309] lently conducted and involved misrepresentations, alterations of documents, and deliberate nonperformance of contracts. The period covered by the indictment was March 15, 1965, to February 6, 1967; the earliest specific act alleged occurred on September 3, 1965, the latest on January 19, 1966.

Statutes cited

Cite this

United States v. Marion, 404 U.S. 307 (1971)

Read the full opinion

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