No. 18-5086

Brian Keith Uzzle v. Lesley Fleming, Warden

Lower Court: Fourth Circuit
Docketed: 2018-07-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure custody custody-status double-jeopardy due-process nolle-prosequi nolle-prosequy prosecutorial-discretion prosecutorial-misconduct re-indictment reindictment speedy-trial
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2018-09-24
Question Presented (from Petition)

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of a ceskact On ne Speedy Trial clock (ice indefinitely
Post porin 9 prosecuticni, over Mane accessed Ob yecrron, WY Nollc- Proseg
and ce- indickment of He Same entack charges, Knowing He accused
Would Camara V9 custody 2

2. Whether a State Court may gain a cestart on tne Speedy Trial
Choc by nolle-prosequy of Be Charges using Continuance Ceasons,
Staking Tk would Fucther invests nore and ceindick accused, Over accused
, ob yecrion, while Mae acevSed femained in tu stody under Hae Candirxiens
of ke nolle -grosequs Charges, buk had or a Show Cause (nm Connechen
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© Same Criminal episode) as ne selle- prosequs Charges .

Question Presented (AI Summary)

Whether a state court may indefinitely postpone prosecution over the accused's objection by nolle-prosequi and re-indictment of the same charges, knowing the accused would remain in custody

Docket Entries

2018-10-01
Petition DENIED.
2018-07-19
DISTRIBUTED for Conference of 9/24/2018.
2018-07-10
Waiver of right of respondent Fleming, Warden to respond filed.
2018-06-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2018)

Attorneys

Brian Keith Uzzle
Brian Keith Uzzle — Petitioner
Fleming, Warden
Toby Jay HeytensOffice of the Attorney General, Respondent