A federal appeals court threw out a conviction against Carlos Dashawn Brown for credit card fraud because the judge overseeing the case violated his rights to a speedy trial.
CLEVELAND, Ohio — A federal appeals court on Tuesday tossed out the conviction of a Cleveland Heights man accused of stealing $177,000 from vulnerable victims in a credit card scam because a judge violated the man’s speedy trial rights.
Circuit judges Eugene Siler, John Nalbandian and Andre Mathis agreed with Brown’s attorneys that both mistakes warrant the conviction vacated. At issue in the appeal is a person’s speedy trial rights, which guarantee that a defendant will go to trial within 70 days of his arraignment, unless that time is legally stopped by a laundry list of exclusions that are used in nearly every federal criminal case.
Instead, Oliver issued one order, and it took 46 days for Brown to get to the Federal Medical Center in Lexington, Kentucky. The government had 10 days to transport him. Any time beyond that is unreasonable, and it is included in a defendant’s speedy trial clock.Brown’s attorneys filed a motion to dismiss the indictment because of the delays. Oliver held two hearings, the last of which happened on Aug. 25, 2021.
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