In The

Supreme Court of the United States




Decided April 30, 1990

Justice O’Connor, Concurring

Topic: Criminal Procedure*Court vote: 6–3
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Joining O'Connor opinion: Justice BLACKMUN Justice BLACKMUN
Citation: 495 U.S. 257 Docket: 89–61Audio: Listen to this case's oral arguments at Oyez

* As categorized by the Washington University Law Supreme Court Database

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Justice O'CONNOR, with whom Justice BLACKMUN joins, concurring.

I join the Court's opinion on the understanding that a "satisfactory explanation" within the meaning of 18 U.S.C. § 2518(8)(a) cannot merely be a reasonable excuse for the delay; it must also reflect the actual reason for the delay. Thus, as the Court today holds, an appellate court's review of the sufficiency of the Government's explanation for a delay should be based on the findings made and evidence presented in the district court, rather than on a post hoc explanation given for the first time on appeal. See ante at 495 U. S. 267. With this understanding, I agree with the Court that this case should be remanded for a determination whether the Government's explanation to the District Court for the delay -not the explanation offered on appeal -meets the "satisfactory explanation" standard.

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