489 F. App'x 606
3rd Cir.2012Background
- Mensah-Yawson and three codefendants indicted Sept 15, 2009 for conspiring to counterfeit securities (18 U.S.C. § 371, § 513).
- Arraigned Oct 20, 2009; Mensah-Yawson remained in custody while others were released.
- Pretrial motions deadlines extended repeatedly; several codefendants' statuses influenced timing.
- A waiver hearing request and motions occurred; severance was contemplated but not ruled on.
- Trial delayed from Nov 2010 to Dec 13, 2010; Mensah-Yawson convicted Dec 15, 2010; sentenced to time served with supervised release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| STA dismissal he claim preservation | Mensah-Yawson argues STA violation | Waived by not moving to dismiss | Waived; no STA violation found on merits |
| Whether Sixth Amendment speedy trial rights were violated | Delay was ~15 months; prejudicial | Barker factors weigh against violation | No Sixth Amendment violation after Barker factors balancing |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (four-factor speedy-trial test governs analysis)
- Doggett v. United States, 505 U.S. 647 (1992) (prejudice may be presumed with excessive delay)
- Hakeem v. Beyer, 990 F.2d 750 (3d Cir. 1993) (long delays require Barker-factor analysis; prejudicial inference limited by case facts)
- Battis v. United States, 589 F.3d 673 (3d Cir. 2009) (pretrial-delay prejudice and balancing under Barker)
- Bloate v. United States, 130 S. Ct. 1345 (2010) (ends-of-justice tolling and exclusions under STA)