No. 18-1282

David Lee Sanders v. Alabama

Lower Court: Alabama
Docketed: 2019-04-09
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-rights criminal-procedure double-jeopardy due-process illegal-plea plea-agreement plea-bargaining probation reversal sentencing speedy-trial
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Whether a criminal defendant who pleads guilty pursuant to an illegal plea agreement is entitled to include the time from his original arrest until re-sentencing for purposes of determining a speedy trial violation

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a criminal defendant who pleads guilty pursuant to a negotiated plea agreement and serves a five-year, split sentence, which is subsequently reversed because the plea agreement was illegal, is entitled to include the time from his original arrest until his re-sentencing—over six years—for purposes of determining whether his constitutional right to a speedy trial was violated? 2. Whether the trial court erred to reversal in denying the defendant’s motion to dismiss the indictment against him because it erroneously excluded the time between his original arrest and the reversal of his sentence in determining whether his constitutional right to a speedy trial was violated?

Docket Entries

2019-05-13
Petition DENIED.
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-04-17
Waiver of right of respondent State of Alabama to respond filed.
2019-04-04
Petition for a writ of certiorari filed. (Response due May 9, 2019)

Attorneys

David Lee Sanders
Algert Swanson Agricola Jr.Agricola Law, L.L.C., Petitioner
State of Alabama
Edmund Gerard LaCour Jr.Office of the Attorney General, Respondent