Search for: "State v. Delay" Results 1 - 20 of 10,036
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14 Oct 2015, 5:39 pm by Immigration Prof
The New York Times reported yesterday that delay at the Fifth Circuit in the Texas v. [read post]
9 Mar 2009, 1:21 pm by Paul M. Rashkind
Absent a systemic breakdown in a state public defender system, delays caused by appointed counsel are not attributed to the state for purposes of Barker v. [read post]
18 May 2009, 9:46 am
FH (Bangladesh) v Secretary of State for the Home Department Court of Appeal “A delay of two years and nine months in dealing with an application for indefinite leave to remain constituted culpable and undue delay on the part of the Secretary of State for the Home Department and was productive of conspicuous unfairness in the case [...] [read post]
13 Feb 2013, 3:24 am by sally
Rummun v State of Mauritius [2013] UKPC 6; [2013] WLR (D) 53 “Where there had been substantial delay in a criminal trial it was the duty of the court, whether at sentence or on appeal and whether or not the matter had been raised by the defence, to examine the possibility of there having been a breach of the defendant’s right to a fair trial within a reasonable time, and if so whether that should influence the sentence to be imposed. [read post]
14 May 2009, 2:49 am
FH (Bangladesh) v Secretary of State for the Home Department “A two and three-quarter year delay by the Home Office in processing an application for indefinite leave to remain amounted to culpable and undue delay and produced conspicuous unfairness to a man who had evaded deportation in 1986 and lived under an assumed name [...] [read post]
5 Mar 2018, 11:24 am by Kirsten Mikadze
In R v HMTQ, although the delay exceeded the 18-month ceiling set in R v Jordan, the Court found that the period between the stay of proceedings until the laying of the new charges should count towards delay. [read post]
14 Feb 2013, 2:46 am by sally
Rummun v State of Mauritius [2013] UKPC 6; [2013] WLR (D) 53 “Where there had been substantial delay in a criminal trial it was the duty of the court, whether at sentence or on appeal and whether or not the matter had been raised by the defence, to examine the possibility of there having been a breach of the defendant’s right to a fair trial within a reasonable time, and if so whether that should influence the sentence to be imposed. [read post]
8 May 2013, 2:14 am by sally
Regina (Faulkner) v Secretary of State for Justice and another; Regina (Sturnham) v Parole Board and another [2013] UKSC 23; [2013] WLR (D) 162 “Where it was established on a balance of probabilities that a delay in holding a hearing before the Parole Board, in violation of art 5.4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, had resulted in the detention of a prisoner beyond the date when he would otherwise have been… [read post]
30 Jun 2008, 9:38 am
EB (Kosovo) v Secretary of State for the Home Department House of Lords “Delay in decision-making enabling an asylum-seeker to establish a family life might be a relevant factor in considering an appeal against refusal of asylum. [read post]
26 Jun 2008, 9:26 am
EB (Kosovo) v Secretary of State for the Home Department [2008] UKHL 41; [2008] WLR (D) 203 “Delay in the decision-making process might be relevant to the consideration of an appeal relying on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. [read post]
9 Apr 2008, 3:03 pm
Thus, for those waiting for the first civilian Art. 32 since Vietnam . . . you'll just have to wait another __ for United States v. [read post]