Indictment is erroneously dismissed on substantive due process grounds where no government misconduct involved

INDICTMENT/DUE PROCESS United States v. Batie, No. 04-4299, ___ F.3d ___ (10th Cir. Jan. 4, 2006)(Utah). Government appeal of district court’s dismissal of indictment HELD: Government action producing delay in trial sufficient to violate defendant’s substantive due process rights must rise to level of affirmative misconduct in order to meet the “shock the conscience” test for finding substantive due process violation. Thus, where due process violation upon which district court relied in dismissing indictment had nothing to do with government misconduct, but instead related to perceived weakness of government’s case, district court erred in dismissing indictment. Read the opinion here.