U.S. Court of Appeals for the Armed Forces Notes Split Re Applicability of Doggett Presumption to Appellate Delay Analyses

Per U.S. v. Moreno, 63 M.J. 129 (U.S. Armed Forces May 11, 2006):

In the speedy trial context, “extreme cases of delay would produce a strong presumption of prejudice to the ability of a party to defend itself at trial····” United States v. Smith, 94 F.3d 204, 211 (6th Cir.1996) (citing Doggett v. United States, 505 U.S. 647, 655-58, 112 S.Ct. 2686, 120 L.Ed.2d 520 (1992)). Circuit courts have split on whether the Doggett presumption of prejudice is applicable to a due process appellate delay analysis. Compare Harris II, 15 F.3d at 1564, and Smith, 94 F.3d at 211-12 (presumption applicable), with United States v. Mohawk, 20 F.3d 1480, 1487-88 (9th Cir.1994) (presumption not applicable).