Charlotte, NC asked in Other for North Carolina

Q: What was the legal issues inthe case klopfer v NC

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1 Lawyer Answer
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  • Cary, NC
  • Licensed in North Carolina

A: If this is a homework assignment, you need to do your homework. Here is a link to the case: http://supreme.justia.com/cases/federal/us/386/213/

Read it to find out what the issues are.

However, here is what the case seems to be about: By indefinitely postponing prosecution on the indictment over petitioner's objection and without stated justification, the State denied petitioner the right to a speedy trial guaranteed to him by the Sixth and Fourteenth Amendments of the Federal Constitution.

Translated into English from the legalese, it means a prosecutor cannot dismiss criminal charges against a defendant and have the possibility of prosecution hanging over the defendant's head indefinitely. The US Constitution, Amendment 6, guarantees anyone charged with a crime the right to a speedy trial (unless you are deemed an enemy combatant and taken to Guantanomo). The 6th Amendment has to be followed by the states as per the 14th Amendment to the US Constitution.

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