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: Sixth Circuit BlogToday's Summary---DNA and Speedy (or Not) Trial

LARRY J. COCCIA
Direct appeal of SRV case. Published.
http://www.ca6.uscourts.gov/opinions.pdf/10a0077p-06.pdf
The Circuit Court affirmed the district court?s finding of a violation despite never making such a finding on the record. More importantly, they found that
providing a DNA sample under 42 U.S.C. § 14135a(d) does not violate Ex Post Facto standards. This is consistent with other Circuits, but represents the first published opinion here in this Circuit.*******
M
ARKEITH TURNERDirect appeal. Published.
http://www.ca6.uscourts.gov/opinions.pdf/10a0078p-06.pdfIn a follow up to the Circuit?s Tinklenberg opinion from last fall, the Court finds the Speedy Trial Act violated when the government failed to timely indict the defendant. Much of the delay was caused by delay in transporting the defendant for his forensic psychiatric evaluation (almost two months where the statute limits transportation time to 10 days generally).
Two counts of the indictment were required to be dismissed, but the Court leaves it to the district court to decide if it is with or without prejudice.
As a result of the dismissals, the case was also sent back for re-sentencing of the defendant, who had received 382 months (in a complicated guidelines case as well). The Circuit Court left it to the trial court to decide what, if any, effect the reversal might have on the sentence.
Full post as published by Sixth Circuit Blog on March 19, 2010 (boomark / email).
Cipro
The FDA is seeking to add black box warnings of the risk of tendon rupture associated with Cipro and Levaquin.
The ruptures can involve Achilles tendon, shoulder, hand, bicep or thumb tendons, and is especially increased in patients older than 60, or people who have received kidney, heart or lung transplants, as well as people on steroid therapy...

Today's Speedy Trial Act opinion
To waive, or not to waive time, that is the question!
Preserve speedy trial rights by objecting to continuances and other delays.
SCOTUS Decides Speedy Trial Clause Case







