No. 22-6078

James Wesley Scott v. Jacqueline Banks

Lower Court: Fifth Circuit
Docketed: 2022-11-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-law constitutional-rights criminal-procedure due-process judicial-process mississippi post-conviction-relief speedy-trial supreme-court-review
Latest Conference: 2023-01-06
Question Presented (from Petition)

I. Should BArker v. Wing0's, 407 U.5.S14, 92 S.Ct. 2182.33L.EL.2d 101 (1972) FOur FACtOrS iN determing when An Accused Right to A Speedy triAl hAs beeN violated be Overruled ANd giveN A More precise Method/Guide iN protecting A de FendANt's ConstitutioNAl Due process Right?

HAs the State of Mississippi Eroded the United stats Supreme Coust's Barker v. Wingo's Balancing-test ANAlysis by requiriNg Affirmatiee demoNstrAtioN Of All Four FActors As the touchstoNe For providing AdeNiAl of ConstitutioNAl Right o A Speedy trial thAt A Showing thAt All FActors did Not weigh in defeNdANt's favOr WAs esseNtial to establish a Speedy triAl VlolAtion?

Question Presented (AI Summary)

Should the Barker v. Wingo four-factor test for determining speedy trial violations be overruled and replaced with a more precise method?

Docket Entries

2023-01-09
Petition DENIED.
2022-12-15
DISTRIBUTED for Conference of 1/6/2023.
2022-12-13
Waiver of right of respondent Jacqueline Banks to respond filed.
2022-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2022)

Attorneys

Jacqueline Banks
Jerrolyn Martin OwensMississippi Attorney General's, Respondent
James Wesley Scott
James Wesley Scott — Petitioner