What is the legal test for a claim that pre-indictment delay constitutes a denial of due process?
California, United States of America
The following excerpt is from People v. Appel, 51 Cal.App.4th 495, 59 Cal.Rptr.2d 216 (Cal. App. 1996):
A claim that pre-indictment delay constitutes a denial of due process is judged by "balancing of the prejudicial effect of the delay and the justification therefor." (Scherling v. Superior Court (1978) 22 Cal.3d 493, 504, 149 Cal.Rptr. 597, 585 P.2d 219.) The burden is on the defendant to establish prejudice. (People v. Archerd (1970) 3 Cal.3d 615, 640, 91 Cal.Rptr. 397, 477 P.2d 421.)
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