holding “prejudice alone is not sufficient to show a violation of due process where the delay was due to the government’s continuing investigation of the crime”
How later courts described this case
- holding “prejudice alone is not sufficient to show a violation of due process where the delay was due to the government’s continuing investigation of the crime”
- twenty year delay in homicide prosecution does not violate due process
- Opinion Announcing the Judgment of the Court
- negligent delay cannot violate due process
Written by the judges who cited it.
The opinion
Justice NIGRO,
concurring.
I join the Opinion Announcing the Judgment of the Court except for that portion of its decision that applies the second prong of the due process standard for pre-arrest delay, as developed by the lead opinion, to the facts of the instant case. *340 I agree with the lead opinion that Scher failed to meet the threshold burden of demonstrating actual prejudice. Once this conclusion is reached, however, I see no need to even consider the second prong of the test. I would simply hold that Scher’s due process claim fails because he did not demonstrate actual prejudice.