Klopfer v. State of North Carolina

386 U.S. 213 (1967)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
K
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Klopfer v. State of North Carolina

United States Supreme Court
386 U.S. 213 (1967)

Facts

Klopfer (defendant) was a civil-rights protester who was indicted by the state of North Carolina (plaintiff) for misdemeanor criminal trespass in 1964 after disobeying an order to leave a restaurant. Klopfer’s trial the following month ended in a mistrial, and his case was continued for several terms of court. Eighteen months after Klopfer’s indictment and over his objection, the court granted the prosecutor’s motion for nolle prosequi without leave. A nolle prosequi without leave was a unique feature of North Carolina law that permitted a prosecutor to abandon a prosecution with the option to resume it at any time. Because a nolle prosequi without leave did not discharge an indictment, the statute of limitations was tolled, allowing a criminal defendant to remain under indictment indefinitely without a trial. Klopfer appealed the trial court’s ruling, arguing that he had been deprived of his right to a speedy trial. The Supreme Court of North Carolina affirmed the trial court’s ruling, reasoning that because Klopfer was not in custody, his right to a speedy trial had not been violated. Klopfer appealed to the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Warren, C.J.)

Concurrence (Harlan, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 805,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 805,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 805,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Criminal Procedure

Key Terms