Jean D. Dockery v. United States

U.S. Court of Appeals for the D.C. Circuit
Jean D. Dockery v. United States, 393 F.2d 352 (D.C. Cir. 1968)
129 U.S. App. D.C. 243; 1968 U.S. App. LEXIS 8230
Bazelon, Ed-Gerton, McGowan, Per Curiam

Jean D. Dockery v. United States

Opinion

PER CURIAM:

This appeal is from a narcotics conviction. Appellant’s trial was held fifteen months after her arrest. Except for four continuances on her account, which totalled three months, almost all the long delay was caused by preferences which the court was giving to cases in which a defendant was incarcerated while this appellant was free on bond. Her retained counsel made no demand for a speedy trial. Her trial took place shortly after her bond was revoked and she was committed to jail.

In these circumstances we think the delay, though long, was not unreasonable and therefore did not violate appellant’s Sixth Amendment right to a speedy trial. “Briefly the question whether there has been denial of the right to a speedy trial depends on the circumstances of the case, and requires consideration of the length of delay; reasons for delay; diligence of prosecutor, court and defense counsel; and reasonable possibility of prejudice from the delay.” Hedgepeth v. United States, 125 U.S.App.D.C. 19, 21, 365 F.2d 952, 954 (1966). No doubt “the very assumption of the Sixth Amendment is that unreasonable delays are by their nature prejudicial.” Hedgepeth v. United States, 124 U.S.App.D.C. 291, 294 n. 3, 364 F.2d 684, 687 n. 3 (1966). But where, as here, no serious prejudice is alleged, this fact may well be considered along with other circumstances in determining whether delay was unreasonable.

There is no merit in appellant’s other contention.

Affirmed.

Reference

Full Case Name
Jean D. DOCKERY, Appellant, v. UNITED STATES of America, Appellee
Cited By
6 cases
Status
Published