No. 19-6880

Gregory Bartunek v. United States

Lower Court: Eighth Circuit
Docketed: 2019-12-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: collateral-relief constitutional-rights criminal-procedure due-process exceptional-circumstances habeas-corpus prejudice prejudice-standard speedy-trial
Key Terms:
DueProcess
Latest Conference: 2020-01-10
Question Presented (from Petition)

IS AN AFFIRMATIVE DEMONSTRATION OF PREJUDICE TO THE ACCUSED'S ABILITY TO DEFEND HIMSELF ESSENTIAL TO PROVE THE DENIAL OF HIS RIGHT TO A SPEEDY TRIAL?

SHOULD THE COURT ALLOW HABEAS CORPUS RELIEF OR SIMILAR COLLATERAL RELIEF FOR A SPEEDY TRIAL CLAIM BROUGHT BEFORE TRIAL? DOES DENIAL OF SUCH A CLAIM, NOT BASED ON ITS MERITS, VIOLATE THE PETITIONER'S DUE PROCESS RIGHTS?

SHOULD "EXCEPTIONAL CIRCUMSTANCES" BE REQUIRED TO BRING FORWARD A HABEAS CLAIM, BASED ON A SPEEDY TRIAL VIOLATION, PRIOR TO TRIAL? ARE SUCH CIRCUMSTANCES PRESENT IN THIS CASE? SHOULD THE PETITIONER'S WRIT FOR HABEAS THEN BE GRANTED?

Question Presented (AI Summary)

Is an affirmative demonstration of prejudice to the accused's ability to defend himself essential to prove the denial of his right to a speedy trial?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-16
Waiver of right of respondent United States to respond filed.
2019-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2020)
2019-09-25
Application (19A341) granted by Justice Gorsuch extending the time to file until November 22, 2019.
2019-09-17
Application (19A341) to extend the time to file a petition for a writ of certiorari from September 23, 2019 to November 22, 2019, submitted to Justice Gorsuch.

Attorneys

Gregory Bartunek
Gregory Bartunek — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent