No. 22-7617

David Anthony Battle v. United States

Lower Court: Ninth Circuit
Docketed: 2023-05-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: barker-factors constitutional-rights covid-19 covid-19-delay dismissal-with-prejudice due-process jury-trial pretrial-incarceration sixth-amendment speedy-trial
Latest Conference: 2023-06-22
Question Presented (from Petition)

1. Whether the district court failed to make proper ends of justice findings to justify a sixteen month delay in the trial based upon pronouncements contained in the court's general orders addressing COVID-19.

2. Whether it was possible to hold a jury trial safely where the presence of COVID-19 was otherwise uncontrolled in local contract jail facilities where Mr. Battle was in pretrial custody in what constituted oppressive pretrial incarceration within the meaning of the Sixth Amendment and the Speedy Trial Act.

3. Whether a district court must dismiss an indictment with prejudice as a remedy for the lower court's violation of defendant's constitutional and statutory rights to a Speedy Trial.

Question Presented (AI Summary)

Whether the district court failed to make proper ends of justice findings to justify a sixteen month delay in the trial

Docket Entries

2023-06-26
Petition DENIED.
2023-06-07
DISTRIBUTED for Conference of 6/22/2023.
2023-05-30
Waiver of right of respondent United States to respond filed.
2023-05-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2023)

Attorneys

David Battle
Thomas SleisengerThomas P. Sleisenger, A Professional Law Corp., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent