No. 23-7492

Trezith Rashad Smart v. United States

Lower Court: Fourth Circuit
Docketed: 2024-05-17
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: federal-rules-of-evidence findings fourth-circuit-court judicial-error motion-to-dismiss prior-inconsistent-statement speedy-trial-act witness-impeachment zedner-v-united-states
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (from Petition)

Whether the Fourth Circuit Appellate Court commit clear or
plain error, relying on findings made 6 days after Judge orally ruled on motion to dismiss. In violation of Speedy Trial Act
§ 18 U.S.C. 3161(h)(7)(A) in accord with the Supreme Court's
holding in Zedner v. United States , 547 U.S. 489, 506-07(2006)
stating," findings must be put on the record by the time a court
rules on a defendant's motion to dismiss. "547 U.S. at 507

Whether the Fourth Circuit Appellate Court commit clear or
plain error allowing the Government to use a prior inconsistent
statement to impeach a witness, without first laying a foundation
in District Court. In violation of Federal Rules of Evidence
Rule 613(b) .

Question Presented (AI Summary)

whether-the-fourth-circuit-appellate-court-commit-clear-or-plain-error

Docket Entries

2024-10-07
Rehearing DENIED.
2024-09-11
DISTRIBUTED for Conference of 9/30/2024.
2024-06-25
Petition for Rehearing filed.
2024-06-17
Petition DENIED.
2024-05-29
DISTRIBUTED for Conference of 6/13/2024.
2024-05-22
Waiver of right of respondent United States to respond filed.
2024-05-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2024)

Attorneys

Trezith Rashad Smart
Trezith Rashad Smart — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent