United States v. Ewell (1965)
- Docket
- 29
- Decided
- 1965-01-01
- Category
- General
Summary
Question: Does the Sixth Amendment’s right to a speedy trial require dismissal of the new indictments? Conclusion: No. Justice Byron R. White, writing for a 7-2 majority, reversed. The Supreme Court held that the new indictment was not barred by the Sixth or Fifth Amendment. The right to speedy trial depends on the circumstances of the case. The Court also held that Ewell and Dennis were not prejudiced by the new indictments. Justice William J. Brennan concurred in the result, but expressed his disapproval at the government’s actions. Justice Abe Fortas dissented, arguing that due process prevents the government from indicting an individual after vacation of that individual’s conviction arising out of the same transaction. Justice William O. Douglas joined in the dissent.