No. 21-6689

Daniel Lawrence McGarry v. California

Lower Court: California
Docketed: 2021-12-21
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure preliminary-hearing probable-cause sixth-amendment speedy-trial state-criminal-proceeding
Key Terms:
DueProcess
Latest Conference: 2022-02-18
Question Presented (from Petition)

Is California's current definition of probable cause as used at preliminary hearings deficient under U.S. Supreme Court precedent, and does it thus violate defendants' Federal due process rights, and Federal fourth amendment right to a judicial determination of probable cause as a prerequisite to extended restraint of liberty following arrest?

Question Presented (AI Summary)

Whether the Sixth Amendment right to a speedy trial attaches to a preliminary hearing in a state criminal proceeding

Docket Entries

2022-07-14
Case considered closed.
2022-02-22
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 15, 2022, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2022-02-03
DISTRIBUTED for Conference of 2/18/2022.
2021-12-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 20, 2022)

Attorneys

Daniel L. McGarry
Daniel Lawrence McGarry — Petitioner