Can excessive delay in the appellate process give rise to a due process claim?

MultiRegion, United States of America

The following excerpt is from Sloan v. Marshall, 995 F.2d 233 (9th Cir. 1993):

Excessive delay in the appellate process may give rise to a due process claim. Coe v. Thurman, 922 F.2d 528, 530 (9th Cir.1990). This court considers the following four factors in determining whether or not the delay has been excessive enough to constitute a due process violation: (1) the length of delay; (2) the reason for delay; (3) the petitioner's assertion of his right; and (4) prejudice to the petitioner. Id. at 531. The district court applied these four factors, and found no due process violation. We agree.

Other Questions


Is Wardlow entitled to have his claim that the police used excessive force, excessive force and excessive force on the basis that he was a drug courier? (MultiRegion, United States of America)
What is the test for a claim that Hines was deprived due process because of the delay in processing his post-conviction remedies? (MultiRegion, United States of America)
Can a plaintiff bring a claim for excessive force under the Fourth Amendment against a police force that uses excessive force? (MultiRegion, United States of America)
What is the effect of the Court of Appeal's decision not to intervene in the case of the appellant's claim for intervention in the matter of the funds attached to the claim? (MultiRegion, United States of America)
What is the test for a claim of deprivation of procedural due process under the Due Process Clause? (MultiRegion, United States of America)
Does the delay between the sale of narcotics and the arrest of the appellant deny him due process of law? (MultiRegion, United States of America)
What is appellant's case law and what is the basis for her claim that a judge denied her due process at her sentencing? (MultiRegion, United States of America)
What is the test for determining whether a motion to hear a claim by the appellant against the appellant has been successful? (MultiRegion, United States of America)
On remand, on remand and in addition to his due process claim, can he also bring claims related to his confinement in administrative segregation? (MultiRegion, United States of America)
Is there any case law that supports a claim that corroboration is sufficient to support a claim of due process? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.