What is the test for dismissal of an indictment for a violation of the Sixth Amendment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Lainez-Leiva, 129 F.3d 89 (2nd Cir. 1997):
Barker v. Wingo, 407 U.S. 514, 530, 92 S.Ct. 2182, 2191, 33 L.Ed.2d 101 (1972) sets out the four factors that must be considered in determining whether dismissal of an indictment is the appropriate remedy for a Sixth Amendment violation: (1) the length of
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