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Extreme Prejudice(1987)


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Extreme Prejudice(1987)


Extreme Prejudice is an homage, of sorts, to The Wild Bunch, a western directed by Sam Peckinpah, with whom Hill worked on The Getaway. Both films end with a massive gunfight in a Mexican border town. The title originates from "terminate with extreme prejudice", a phrase popularized by Apocalypse Now, also written by Milius.


When the delay is a year or more, "the accused has established a prima facie sixth amendment violation, and the burden shifts to the government to prove that no violation has occurred." Parks v. United States, 451 A.2d 591, 600 (D.C.1982), cert. denied, 461 U.S. 945, 103 S. Ct. 2123, 77 L. Ed. 2d 1303 (1983). See also Graves, supra, 490 A.2d at 1091; Jackson v. United States, 503 A.2d 1225, 1227-28 (D.C.1986). Moreover, the government's burden to overcome the presumption of prejudice "increases in proportion to the length of the delay." Graves, supra, 490 A.2d at 1091. Greater delay is tolerated the more serious and complex the charge. Id. The trial court found that the fifty-one month delay from appellant's indictment on June 3, 1981, until the commencement of his second trial on August 26, 1985 constituted "an extreme delay in this rather simple *1020 case which gives prima facie merit to the defendant's claim that he has been denied his constitutional right to a speedy trial." We agree.


In Graves, supra, we stated that the circumstances in that case approached "the boundary between delay which offends the Constitution and that which does not." 490 A.2d at 1105. There was a twenty-five month lapse between Graves' arrest and trial, the government failed to expedite an interlocutory appeal, which it withdrew six months later, and Graves, who was incarcerated throughout this period, repeatedly sought dismissal of the charges on speedy trial grounds. The en banc court found significant that the bulk of delay was due to neutral institutional factors and that Graves had not sought to expedite the appeal or demand a speedy trial, and had shown no impairment of his ability to defend or personal prejudice. We also readily acknowledge that the Barker factors have "no `talismanic' qualities." Barker, supra, 407 U.S. at 533, 92 S. Ct. at 2193. Applying those factors here, we conclude that the Graves boundary has been passed. Fifty-one months delay in a simple case is extreme delay. The government has not offered an explanation for its failure to expedite two interlocutory appeals, which added an extra year of unnecessary delay to an already lengthy period of delay. The time deemed to weigh significantly against the government because of its non-expedition was four and one-half months in Graves, and twelve months here. Appellant asserted his right to a speedy trial (as distinct from seeking dismissal of the charges) at the earliest possible moment, and has demonstrated severe personal prejudice as well as possible prejudice to his defense. The government, which has the burden, has failed to show "convincingly," as it must, Parks, supra, 451 A.2d at 602, that appellant has not been prejudiced by the delay.


Investors should buy food company stocks "with extreme prejudice," says David Goldman, an analyst with Oppenheimer & Co., an investment house. Industry growth has slowed. Profit margins are tight. There are still many promising companies, he says. But one should look for "unique" firms that have the potential for accelerated growth. 59ce067264






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