No. 20-455

Daniel Carpenter v. United States

Lower Court: Second Circuit
Docketed: 2020-10-08
Status: Denied
Type: Paid
Response Waived
Tags: due-process fifth-amendment post-indictment-delay post-verdict-delay pre-indictment-delay sentencing-delay sixth-amendment speedy-trial
Key Terms:
DueProcess FifthAmendment FourthAmendment Securities Privacy JusticiabilityDoctri
Latest Conference: 2020-11-06
Question Presented (from Petition)

Whether the Government's prosecution of the Petitioner in this case violated his Sixth Amendment right to a Speedy Trial and/or his Fifth Amendment right to Due Process because of the inordinate pre-indictment delay, the prejudicial post-indictment delay, and the extraordinary post-verdict delay in sentencing?

If a Judge merely thinks about the Speedy Trial Act factors in his own mind, but does not set forth his findings in the record, does that satisfy this Court's standard under Zedner v. United States, 547 U.S. 489 (2006) and United States v. Bloate, 559 U.S. 196 (2010)?

Did the Petitioner become the "accused" for the purposes of the Speedy Trial Clause as described in Marion, when a magistrate judge issued a search warrant allegedly based on "probable cause" on April 19, 2010 and May 25, 2011?

Question Presented (AI Summary)

Whether the Government's prosecution of the Petitioner violated his Sixth Amendment right to a Speedy Trial and/or his Fifth Amendment right to Due Process

Docket Entries

2020-11-09
Petition DENIED.
2020-10-21
DISTRIBUTED for Conference of 11/6/2020.
2020-10-19
Waiver of right of respondent United States to respond filed.
2020-10-05
Petition for a writ of certiorari filed. (Response due November 9, 2020)

Attorneys

Daniel Carpenter
Jonathan J. EinhornJonathan J. Einhorn, Esq., Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent