No. 23-5658

James Kevin Ball v. United States

Lower Court: Ninth Circuit
Docketed: 2023-09-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: covid-19 covid-19-delay criminal-defendant-rights district-court due-process ends-of-justice ends-of-justice-provision jury-trial-suspension jury-trials ninth-circuit-review speedy-trial
Latest Conference: 2023-10-27
Question Presented (from Petition)

Whether a district court may continue to rely on emergency circumstances to delay a trial under the ends-of-justice provision at 18 USC. § 3161(h)(7)(B)G), where a districtwide order has allowed jury trials to begin to resume, and where the district court receives no evidence and makes no findings as to why the defendant's trial cannot be among the first to be held.

Question Presented (AI Summary)

Whether a district court may continue to rely on emergency circumstances to delay a trial under the ends-of-justice provision at 18 USC. § 3161(h)(7)(B)G), where a districtwide order has allowed jury trials to begin to resume, and where the district court receives no evidence and makes no findings as to why the defendant's trial cannot be among the first to be held

Docket Entries

2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-09-29
Waiver of right of respondent United States to respond filed.
2023-09-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 27, 2023)

Attorneys

James Ball
Sonam HendersonOffice of the Federal Public Defender-CDCA, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent