Justice O’Connor, Concurring
| Topic: Criminal Procedure* | Court vote: 6–3 | |
Click any Justice for detail Joining O'Connor opinion:  Justice BLACKMUN | ||
| Citation: 495 U.S. 257 | Docket: 89–61 | Audio: Listen to this case's oral arguments at Oyez |
* As categorized by the Washington University Law Supreme Court Database
DISCLAIMER: Only United States Reports are legally valid sources for Supreme Court opinions. The text below is provided for ease of access only. If you need to cite the exact text of this opinion or if you would like to view the opinions of the other Justices in this case, please view the original United States Report at the Library of Congress or Justia. The Sandra Day O'Connor Institute does not in any way represent, warrant, or guarantee that the text below is accurate."
Opinion
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.
Header photo: United States Supreme Court. Credit: Patrick McKay / Flickr - CC.