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Tenth Affirms Dismissal with Prejudice Based on Speedy Trial Right Violation

By Shari Allison

United States v. Seltzer, ? F.3d ?, 2010 WL 537763 (10th Cir. Feb. 17, 2010), is a welcome reminder that the defendant still has a right to some diligence on the part of the government seeking to incarcerate him. In this decision, the Tenth Circuit affirmed the district court?s dismissal with prejudice of the Superseding Indictment against Andy Seltzer because his Sixth Amendment right to a speedy trial was violated. Along the way, it sheds welcome light on when the delay has been ?too long in a system where justice is supposed to be swift but deliberate.? Id. at *3 (quoting Barker v. Wingo, 407 U.S. 514, 522 (1972)). Mr. Seltzer, along with a co-defendant, David Ortego, was indicted on November 2, 2006, in federal court on charges of counterfeiting and felon in possession of a firearm...continue to full post

Full post as published by Tenth Circuit Blog on February 19, 2010 (boomark / email).