From Casetext: Smarter Legal Research

Strunk v. United States

U.S.
Jun 11, 1973
412 U.S. 434 (1973)

Summary

holding that violation of Sixth Amendment speedy trial rights requires dismissal

Summary of this case from McNeely v. Blanas

Opinion

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

No. 72-5521.

Argued April 24, 1973 Decided June 11, 1973

Petitioner was convicted of a federal offense and was sentenced to a term of five years, to run concurrently with a sentence of one to three years that he was serving pursuant to a state-court conviction. Before trial, the District Court denied his motion to dismiss the federal charge on the ground that he had been denied a speedy trial. The Court of Appeals reversed, holding that he had been denied a speedy trial, but that the "extreme" remedy of dismissal of the charges was not warranted. The case was remanded to the District Court to reduce the sentence by 259 days, to compensate for the unnecessary delay that had occurred between the return of the indictment and petitioner's arraignment. The Government did not file a cross-petition for certiorari challenging the finding of denial of a speedy trial. Held: In this case, the only question for review is the propriety of the remedy fashioned by the Court of Appeals. In light of the policies underlying the right to a speedy trial, dismissal must remain, as noted in Barker v. Wingo, 407 U.S. 514, 522, "the only possible remedy" for deprivation of this constitutional right. Pp. 435-440.

467 F.2d 969, reversed and remanded.

BURGER, C.J., wrote the opinion for a unanimous Court.

John R. Wideikis argued the cause and filed a brief for petitioner pro hac vice.

William Bradford Reynolds argued the cause for the United States. With him on the brief were Solicitor General Griswold, Assistant Attorney General Petersen, and Jerome M. Feit.


Petitioner was found guilty in United States District Court of transporting a stolen automobile from Wisconsin to Illinois in violation of 18 U.S.C. § 2312 and was sentenced to a term of five years. The five-year sentence was to run concurrently with a sentence of one to three years that petitioner was then serving in the Nebraska State Penitentiary pursuant to a conviction in the courts of that State.

Prior to trial, the District Court denied a motion to dismiss the federal charge, in which petitioner argued that he had been denied his right to a speedy trial. At trial, petitioner called no witnesses and did not take the stand; the jury returned a verdict of guilty. The Court of Appeals reversed the District Court, holding that petitioner had in fact been denied a speedy trial. However, the court went on to hold that the "extreme" remedy of dismissal of the charges was not warranted; the case was remanded to the District Court to reduce petitioner's sentence to the extent of 259 days in order to compensate for the unnecessary delay which had occurred between return of the indictment and petitioner's arraignment.

I

Certiorari was granted on petitioner's claim that, once a judicial determination has been made that an accused has been denied a speedy trial, the only remedy available to the court is "to reverse the conviction, vacate the sentence, and dismiss the indictment." No cross-petition was filed by the Government to review the determination of the Court of Appeals that the defendant had been denied a speedy trial. The Government acknowledges that, in its present posture, the case presents a novel and unresolved issue, not controlled by any prior decisions of this Court.

The Court of Appeals stated that the 10-month delay which occurred was "unusual and call[ed] for explanation as well as justification," 467 F.2d 969, 972. The Government responded that petitioner had, after receiving the proper warnings, freely admitted his guilt to an FBI agent while incarcerated in the Nebraska Penitentiary, and had stated that he intended to demand a speedy trial under Fed. Rule Crim. Proc. 20. The Government claimed that it had postponed prosecution because of petitioner's reference to Rule 20, and consequently, that a large portion of the delay which ensued was attributable to petitioner. The Court of Appeals regarded this explanation as tenuous; it also rejected the lack of staff personnel in the United States Attorney's Office as a justification for the delay. The entire course of events from the time of arrest through the Court of Appeals plainly placed the Government on notice that the speedy trial issue was being preserved by the accused and would be pressed, as indeed it has been.

On this record, it seems clear that petitioner was responsible for a large part of the 10-month delay which occurred and that he neither showed nor claimed that the preparation of his defense was prejudiced by reason of the delay. It may also well be correct that the United States Attorney was understaffed due to insufficient appropriations and, consequently, was unable to provide an organization capable of dealing with the rising caseload in his office, especially with respect to criminal cases. Unintentional delays caused by overcrowded court dockets or understaffed prosecutors are among the factors to be weighed less heavily than intentional delay, calculated to hamper the defense, in determining whether the Sixth Amendment has been violated but, as we noted in Barker v. Wingo, 407 U.S. 514, 531 (1972), they must

"nevertheless . . . be considered since the ultimate responsibility for such circumstances must rest with the government rather than with the defendant."

This served to reaffirm what the Court held earlier in Dickey v. Florida, 398 U.S. 30, 37-38 (1970):

"Although a great many accused persons seek to put off the confrontation as long as possible, the right to a prompt inquiry into criminal charges is fundamental and the duty of the charging authority is to provide a prompt trial." (Footnote omitted.)

American Bar Association Project on Standards for Criminal Justice, Speedy Trial 27-28 (Approved Draft 1968) (hereafter ABA, Speedy Trial).

However, in the absence of a cross-petition for certiorari, questioning the holding that petitioner was denied a speedy trial, the only question properly before us for review is the propriety of the remedy fashioned by the Court of Appeals. Whether in some circumstances, and as to some questions, the Court might deal with an issue involving constitutional claims, absent its being raised by cross-petition, we need not resolve. Suffice it that in the circumstances presented here in which the speedy trial issue has been pressed by the accused from the time of arrest forward and resolved in his favor, we are not disposed to examine the issue since we must assume the Government deliberately elected to allow the case to be resolved on the issue raised by the petition for certiorari.

II

Turning to the remaining question of the power of the Court of Appeals to fashion what it appeared to consider as a "practical" remedy, we note that the court clearly perceived that the accused had an interest in being tried promptly, even though he was confined in a penitentiary for an unrelated charge. Under these circumstances,

"the possibility that the defendant already in prison might receive a sentence at least partially concurrent with the one he is serving may be forever lost if trial of the pending charge is postponed." Smith v. Hooey, 393 U.S. 374, 378 (1969) (footnote omitted).

The Court of Appeals went on to state:

"The remedy for a violation of this constitutional right has traditionally been the dismissal of the indictment or the vacation of the sentence. Perhaps the severity of that remedy has caused courts to be extremely hesitant in finding a failure to afford a speedy trial. Be that as it may, we know of no reason why less drastic relief may not be granted in appropriate cases. Here no question is raised about the sufficiency of evidence showing defendant's guilt, and, as we have said, he makes no claim of having been prejudiced in presenting his defense. In these circumstances, the vacation of the sentence and a dismissal of the indictment would seem inappropriate. Rather, we think the proper remedy is to remand the case to the district court with direction to enter an order instructing the Attorney General to credit the defendant with the period of time elapsing between the return of the indictment and the date of the arraignment. Fed.R.Crim.P. 35 provides that the district court may correct an illegal sentence at any time. We choose to treat the sentence here imposed as illegal to the extent of the delay we have characterized as unreasonable." 467 F.2d, at 973.

It is correct, as the Court of Appeals noted, that Barker prescribes "flexible" standards based on practical considerations. However, that aspect of the holding in Barker was directed at the process of determining whether a denial of speedy trial had occurred; it did not deal with the remedy for denial of this right. By definition, such denial is unlike some of the other guarantees of the Sixth Amendment. For example, failure to afford a public trial, an impartial jury, notice of charges, or compulsory service can ordinarily be cured by providing those guaranteed rights in a new trial. The speedy trial guarantee recognizes that a prolonged delay may subject the accused to an emotional stress that can be presumed to result in the ordinary person from uncertainties in the prospect of facing public trial or of receiving a sentence longer than, or consecutive to, the one he is presently serving — uncertainties that a prompt trial removes. Smith v. Hooey, 393 U.S., at 379; United States v. Ewell, 383 U.S. 116, 120 (1966). We recognize, as the Court did in Smith v. Hooey, that the stress from a delayed trial may be less on a prisoner already confined, whose family ties and employment have been interrupted, but other factors such as the prospect of rehabilitation may also be affected adversely. The remedy chosen by the Court of Appeals does not deal with these difficulties.

It can also be said that an accused released pending trial often has little or no interest in being tried quickly; but this, standing alone, does not alter the prosecutor's obligation to see to it that the case is brought on for trial. The desires or convenience of individuals cannot be controlling. The public interest in a broad sense, as well as the constitutional guarantee, commands prompt disposition of criminal charges.

The Government's reliance on Barker to support the remedy fashioned by the Court of Appeals is further undermined when we examine the Court's opinion in that case as a whole. It is true that Barker described dismissal of an indictment for denial of a speedy trial as an "unsatisfactorily severe remedy." Indeed, in practice, "it means that a defendant who may be guilty of a serious crime will go free, without having been tried." 407 U.S., at 522. But such severe remedies are not unique in the application of constitutional standards. In light of the policies which underlie the right to a speedy trial, dismissal must remain, as Barker noted, "the only possible remedy." Ibid.

Given the unchallenged determination that petitioner was denied a speedy trial, the District Court judgment of conviction must be set aside; the judgment is therefore reversed and the case remanded to the Court of Appeals to direct the District Court to set aside its judgment, vacate the sentence, and dismiss the indictment.

ABA, Speedy Trial 40-41.

Reversed and remanded.


Summaries of

Strunk v. United States

U.S.
Jun 11, 1973
412 U.S. 434 (1973)

holding that violation of Sixth Amendment speedy trial rights requires dismissal

Summary of this case from McNeely v. Blanas

holding that "the ultimate responsibility" for "[u]nintentional delays caused by overcrowded court dockets or understaffed prosecutors" must "rest with the government rather than with the defendant"

Summary of this case from United States v. Tapp

holding dismissal is the "only possible remedy" for violations of the right to a speedy trial

Summary of this case from Hopkins v. Dicristi

holding dismissal of the indictment to be the proper remedy when the Sixth Amendment right to a speedy trial has been violated

Summary of this case from Hartfield v. Osborne

concluding that the remedy for a speedy trial violation is dismissal of the indictment

Summary of this case from United States v. Lozano

rejecting the lack of personnel in the United States Attorney's Office as a justification for delay to trial

Summary of this case from Kushner v. Attorney Gen. of N.J.

rejecting the lack of personnel in the United States Attorney's Office as a justification for delay to trial

Summary of this case from Hai Kim Nguyen v. Hoffman

recognizing that "the prospect of rehabilitation" may be adversely affected by delay

Summary of this case from Harris v. Champion

In Strunk v. United States, 412 U.S. 434, 437 (1973), we suggested in passing that there might be occasions when, in a criminal case, the Court might address a constitutional issue resolved in favor of a petitioner and not raised in a cross-petition for certiorari.

Summary of this case from El Paso Natural Gas Co. v. Neztsosie

noting that any act by the defendant or attorney notifying the government of the defendant's attempt to secure speedy disposition is sufficient

Summary of this case from U.S. v. Brown

In Strunk v. United States, 412 U.S. at 437-38, 93 S.Ct. at 2262-63, the Court reviewed a habeas remedy molded by the Court of Appeals for the Seventh Circuit to compensate for a Sixth Amendment delay.

Summary of this case from Burkett v. Fulcomer

In Strunk, the Supreme Court held that in view of the important policies underlying the right to a speedy trial, dismissal is the only possible remedy for violation of that right. Strunk, 412 U.S. at 439-40, 93 S.Ct. at 2263-2264.

Summary of this case from United States v. Jenkins

In Strunk, the Supreme Court held that in light of the policies underlying the Speedy Trial Clause, dismissal of the charges is the only possible remedy for a deprivation of this constitutional right.

Summary of this case from United States v. Simmons

In Strunk, the Court gave an implicit indication that the focus of the assertion inquiry might properly be directed toward the question whether the prosecution is put "on notice" of the defendant's speedy trial claim.

Summary of this case from Prince v. State of Alabama

In Strunk, the defendant had indicated to Federal Bureau of Investigation agents that he intended to assert his speedy trial right by moving for trial under F.R.Crim.P. Rule 20.

Summary of this case from Prince v. State of Alabama

In Strunk, the Supreme Court required dismissal of the indictment because the Government did not cross-petition for certiorari as to whether defendant had been denied a speedy trial.

Summary of this case from United States v. Ricketson

dismissing an indictment where the lower court found that a 10-month delay between indictment and arraignment denied the defendant of a speedy trial

Summary of this case from Kushner v. Attorney Gen. of N.J.

In Strunk, the Supreme Court was asked to determine only whether the proper remedy for a violation of a speedy trial right was dismissal of the criminal indictment in the context of a direct appeal. 412 U.S. at 439-40.

Summary of this case from Peterson v. County of Okanogan

In Strunk, defendant moved for dismissal in the District Court on the ground of denial of his constitutional right to a speedy trial.

Summary of this case from Matranga v. United States

In Strunk, the defendant was held in confinement, during the period of delay, in connection with service of sentence for another offense.

Summary of this case from Williams v. State of Maryland

considering the severity of this remedy but concluding that dismissal must remain "the only possible remedy"

Summary of this case from Brown v. Eighth Judicial Dist. Court of Nev.

applying the principle to the prosecution's argument i a criminal case

Summary of this case from Parker v. State

In Strunk v. United States, 412 U.S. 434 (1983), the Supreme Court held that, "[i]n light of the policies which underlie the right to a speedy trial, dismissal must remain... the only possible remedy."

Summary of this case from Jolly v. State

In Strunk v. United States, 412 U.S. 434 (1983), the Supreme Court held that, "[i]n light of the policies which underlie the right to a speedy trial, dismissal must remain... the only possible remedy."

Summary of this case from Jolly v. State

In Strunk v. United States, 412 U.S. 434, 436 (93 S.C. 2260, 37 L.Ed.2d 56) (1973), the Court noted that the ultimate responsibility for an overcrowded docket lies with the state, but that because such a factor is not a deliberate delay of trial, it is to be weighted less heavily against the state.

Summary of this case from Jackson v. State
Case details for

Strunk v. United States

Case Details

Full title:STRUNK, AKA WAGNER v . UNITED STATES

Court:U.S.

Date published: Jun 11, 1973

Citations

412 U.S. 434 (1973)
93 S. Ct. 2260

Citing Cases

U.S. v. Cone

Thus, we fail to see the substantial prejudice required by Perez. The Supreme Court's observation about the…

United States v. Salzmann

To balance the breadth of the Act's prohibition against delay, the remedial section of the Act explicitly…