What is the difference between a Motion to Dismiss on the eve of trial and a motion to dismiss on the grounds of speedy trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. New Buffalo Amusement Corp., 600 F.2d 368 (2nd Cir. 1979):
Similarly, United States v. Didier, 542 F.2d 1182 (2d Cir. 1976), relied on by the majority for the proposition that the period during which a speedy trial motion was Sub judice should not be charged against the defendant, is clearly distinguishable. There the motions to dismiss on speedy trial grounds were not filed on the eve of trial for the obvious purpose of seeking delay, as was the case here, but months before the first retrial date.
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