delay
9 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 22-7413 | Nathan G. Flemming v. Tennessee | Tennessee | 2023-04-28 | Denied | Response WaivedRelisted (2)IFP | constitutional-law constitutional-provisions criminal-procedure defendant-rights delay due-process judicial-process presence-of-defendant pronouncement-of-sentence sentencing sentencing-delay | 1. DOES A THIRTEEN MONTH DELAY BETWEEN SENTENCING HEARING AND THE PRONOUNCEMENT OF SENTENCE VIOLATE DUE PROCESS? 2. DOES THE ABSENCE OF A DEFENDANT F… |
| 21-25 | Richard Janusz v. Illinois | Illinois | 2021-07-09 | Denied | arraignment arraignment-delay constitutional-rights criminal-procedure delay due-process fourteenth-amendment speedy-trial | 1. Whether a defendant is denied due process of the fourteenth amendment to United States Constitution where his arraignment is delayed, for no appare… | |
| 20-8333 | Carman Deck v. Paul Blair, Warden, et al. | Eighth Circuit | 2021-06-17 | Denied | IFP | delay eighth-amendment fourteenth-amendment mitigation resentencing sixth-amendment | This Court is familiar with Mr. Deck, having reversed his second death sentences due to state action that occurred over Mr. Deck's objection. Three ye… |
| 20-1710 | Zafar Bakhramovich Yadigarov v. United States | Eleventh Circuit | 2021-06-11 | Denied | Response Waived | abuse-of-writ appellate-procedure coram-nobis delay due-process judicial-discretion legal-diligence legal-standards procedural-standard sound-reasons writ-of-error | As petitions for writs of error corum nobis are not subject to any formal deadlines nor any statutes of limitations, the nation's courts generally den… |
| 19-1425 | Palm Valley Health Care, Inc. v. Alex M. Azar, II, Secretary of Health and Human Services | Fifth Circuit | 2020-06-26 | Denied | Response Waived | administrative-procedure administrative-process delay due-process fundamental-unfairness homebound-status medicare medicare-appeals overpayment overpayment-determination provider-rights statistical-sampling | 1. Whether an administrative process that is fraught with delay and fundamental unfairness and that clearly violates the provider's constitutional Due… |
| 19-1071 | Gerald Claude Carlson v. United States | Ninth Circuit | 2020-02-28 | Denied | Response Waived | circuit-split counsel-of-choice criminal-procedure delay due-process inconvenience judicial-discretion motion-to-terminate right-to-counsel sixth-amendment standard-of-review supervisory-powers | 1. Whether the Carlson Court's Memorandum Opinion conflicts with other Ninth Circuit opinions holding that a finding of substantial or undue delay is … |
| 19-7112 | Gabriel Galindo-Serrano v. United States | First Circuit | 2019-12-31 | Denied | IFP | confession confession-suppression court-of-appeals criminal-procedure delay magistrate-judge motion-to-suppress plain-error standard-of-review waiver | Whether the standard of review on appeal of an untimely motion to suppress a confession, based upon the failure to bring the defendant before a magist… |
| 19-5638 | Jeffrey E. Lee v. Florida | Florida | 2019-08-19 | Denied | Response RequestedRelisted (2)IFP | betterman-v-montana constitutional-rights criminal-procedure delay due-process indigent-defendant right-to-counsel sentencing sentencing-delay standard | I. IN THE WAKE OF THE QUESTION LEFT OPEN BY THE COURT IN BETTERMAN v. MONTANA . 136 S.CT. 1609 (2016), DOES THE DUE PROCESS CLAUSE CREATE AN ENTITL… |
| 18-5918 | Jose Guerrero Lozano, Jr. v. Florida | Florida | 2018-09-07 | Denied | Response WaivedIFP | constitutional-provisions constitutional-rights criminal-procedure delay due-process florida-court ineffective-assistance ineffective-assistance-of-counsel legal-delay prejudice speedy-trial | Whether the State of Florida Court or the Petitioner is more to blame for the delay. Whether, in due course, and petitioner asserted a claim of ineffe… |