U.S. v. Loud Hawk
| Decision Date | 18 March 1986 |
| Docket Number | No. 83-3067,83-3067 |
| Citation | 784 F.2d 1407 |
| Parties | UNITED STATES of America, Plaintiff-Appellant, v. Kenneth Moses LOUD HAWK, Russ James Redner, Dennis James Banks, and Darlene Pearl Nichols, aka KaMook Banks, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Before WALLACE and CANBY, Circuit Judges, and CRAIG, * District Judge.
ORDER
The order of the district court dismissing the indictment is vacated, and the case is remanded for further consideration in light of United States v. Loud Hawk, --- U.S. ----, 106 S.Ct. 648, 88 L.Ed.2d 640 (U.S.1986), reversing 741 F.2d 1184 (9th Cir.1984).
* Honorable Walter Early Craig, United States District Judge, District of Arizona, sitting by designation.
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3 cases
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Zurla v. State
... ... See United States v. Loud Hawk, 474 U.S. 302, 106 S.Ct. 648, 88 L.Ed.2d 640 (1986), on remand, 784 F.2d 1407 (9th Cir.1986); ... The state urges us to follow the rule of the Eleventh Circuit that unless the other Barker factors weigh heavily ... ...
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U.S. v. Loud Hawk, 86-3144
... ... That the Due Process claim was harder to establish the court explicitly recognized. The court's reasoning ended in a single order dismissing the indictment ... This single order was the subject of the government's appeal first to us and then to the Supreme Court. For the defendants to prevail under the Due Process Clause they had to show actual prejudice. United States v. Marion, 404 U.S. 307, 325, 92 S.Ct. 455, 466, 30 L.Ed.2d 468 (1971); United States v. Lovasco, 431 U.S. 783, 789-90, 97 S.Ct. 2044, 2048-49, 52 L.Ed.2d ... ...
- Lowe v. City of Monrovia, 84-5960