2nd Circ. Raises Bar For Retrial Time-Limit Challenges

Law360, New York (June 19, 2013, 7:36 PM EDT) -- A divided Second Circuit on Wednesday made it more difficult for criminal defendants to argue that their retrials occurred too late, saying district courts may retroactively grant extensions to a 70-day window for retrials under the federal Speedy Trial Act.

The act states that defendants must be retried within 70 days of the action that made a retrial necessary. District courts may extend the time to up to 180 days if key witnesses are unavailable, or if “other factors resulting from passage of time shall make...
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