No. 20-5722

Stanley J. Carter v. Wendy Kelley, Director, Arkansas Department of Correction

Lower Court: Eighth Circuit
Docketed: 2020-09-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment constitutional-rights criminal-procedure due-process fourteenth-amendment liberty-interest speedy-trial state-law
Latest Conference: 2020-11-06
Question Presented (from Petition)

1. Does a Criminal defendant have a Fourteenth Amendment Constitutional Protection against the arbitrary deprivation by a state of one's State created liberty interest in State Statutory laws related to procedures regarding a Speedy Trial?

2. Under this Court's reasoning in Payal vs. Davis, 424 U.S. 693, 710-711 (1976), is there any doubt that State law may confer rights and privileges which, once granted, may not be denied or withheld without violating due process?

3. Pursuant to this Court's holding in Klopfer vs. North Carolina, 386 U.S. 213, 87 S. Ct. 988 (1967) and Smith vs. Hooey, 393 U.S. 374 (1969), does the Fourteenth Amendment to the U.S. Constitution - made applicable to the States via Sixth Amendment - guarantee the right to a Speedy Trial pursuant to a State's Criminal Trial Procedures outlining Speedy Trial directives.

Question Presented (AI Summary)

Does a Criminal defendant have a Fourteenth Amendment Constitutional Protection against the arbitrary deprivation by a state of one's State created liberty interest in State Statutory laws related to procedures regarding a Speedy Trial?

Docket Entries

2020-11-09
Petition DENIED.
2020-10-22
DISTRIBUTED for Conference of 11/6/2020.
2020-10-15
Waiver of right of respondent Wendy Kelley to respond filed.
2020-06-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2020)

Attorneys

Stanley J. Carter
Stanley J. Carter — Petitioner
Wendy Kelley
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent