United States v. Vernon Earl Halley

Vernon Earl Halley appeals from his conviction, on a jury verdict, of robbing a national bank on October 28, 1966, in violation of 18 U.S.C. § 2113 (a) and (d). We affirm.

Defendant was not entitled to the assistance of appointed counsel during the period from the time he became a suspect, November 23, 1966, to the time the indictment was returned on the bank robbery charge, April 10, 1968.

Defendant was not denied his Sixth Amendment right to a speedy trial because of the seventeen-month time span between November 23, 1966, when he became a suspect, and the date upon which the indictment was returned. This period of time was utilized, for the most part, in investigating the robbery and defendant's asserted participation therein. The charge was filed well within the statute of limitations. Halley does not show how he was prejudiced by this delay, nor does he show that the delay was due to oppressive or culpable Government conduct. See, Fleming v. United States, 378 F.2d 502 (1st Cir. 1967). See also, Benson v. United States, 402 F.2d 576, 580 (9th Cir. 1968).

Defendant was not denied his Sixth Amendment right to a speedy trial because of the time which elapsed between the…