No. 20-8387

Bruce Lee Felix v. United States

Lower Court: Sixth Circuit
Docketed: 2021-06-22
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: constitutional-delay criminal-procedure judicial-discretion motion-resolution presumptive-prejudice pretrial-motion pretrial-motions speedy-trial tolling trial-procedure united-states-v-tinklenberg
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (from Petition)

In Barker v. Wingo, 407 U.S. 514, 530, 92 S. Ct. 2182, 2192, 33 L. Ed. 2d 101 (1972), this Court held that a period of delay from indictment to trial, at some point, becomes "presumptively prejudicial" for purposes of triggering a constitutional speedy trial analysis. In Doggett v. United States, 505 U.S. 647, 652, 112 S. Ct. 2686, 2691, 120 L. Ed. 2d 520 (1992), the Court cited with approval lower court decisions providing that a delay of one year or more meets the "presumptively prejudicial" threshold. Is the threshold for presumptive prejudice modified by delay not attributable to the United States, or is it a calendar calculation?

In United States v. Tinklenberg, 563 U.S. 647, 131 8. Ct. 2007, 179 L. Ed. 2d 1080 (2011), this Court held that filing any pretrial motion tolls the Speedy Trial Act clock, regardless of the nature of the motion, and whether or not the motion causes delay. The question presented in this case is: once a pretrial motion is filed, does a district court have unlimited time to resolve that motion?

Question Presented (AI Summary)

Is the threshold for presumptive prejudice modified by delay not attributable to the United States, or is it a calendar calculation?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-06-24
Waiver of right of respondent United States of America to respond filed.
2021-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2021)

Attorneys

Bruce Felix
Kevin Michael SchadOffice of the Federal Public Defender, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent