No. 22-5188
Jamshid Muhtorov v. United States
Tags: barker-test barker-v-wingo constitutional-rights criminal-procedure due-process exculpatory-evidence judicial-balancing sixth-amendment speedy-trial
Latest Conference:
2022-09-28
Question Presented (from Petition)
I. Whether the judge-made and ahistorical balancing test for assessing a deprivation of the Sixth Amendment's right to a speedy trial set out in Barker v. Wingo, 407 U.S. 514 (1972) should be overruled.
II. May a court penalize a defendant for asserting his constitutional right to exculpatory evidence by weighing resultant delays against him in determining whether his right to a speedy trial was violated?
Question Presented (AI Summary)
Whether the judge-made and ahistorical balancing test for assessing a deprivation of the Sixth Amendment's right to a speedy trial set out in Barker v. Wingo, 407 U.S. 514 (1972) should be overruled
Docket Entries
2022-10-03
Petition DENIED.
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-08-02
Waiver of right of respondent United States to respond filed.
2022-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 25, 2022)
2022-06-14
Application (21A823) granted by Justice Gorsuch extending the time to file until July 22, 2022.
2022-06-09
Application (21A823) to extend the time to file a petition for a writ of certiorari from June 22, 2022 to July 22, 2022, submitted to Justice Gorsuch.
Attorneys
Jamshid Muhtorov
John Carl Arceci — Office of the Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent