No. 18-6139

Julia Monique Frias v. United States

Lower Court: Tenth Circuit
Docketed: 2018-09-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: barker-v-wingo constitutional-rights government-delay judicial-review prejudice pretrial-incarceration reduced-sentence sixth-amendment speedy-trial state-sentence tenth-circuit
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2018-11-02
Question Presented (AI Summary)

Whether a defendant's lost opportunity to seek a reduced state sentence under state law can constitute prejudice under Barker?

Question Presented (OCR Extract)

QUESTIONS PRESENTED In Barker v. Wingo, this Court established a four-part balancing test to determine whether a defendant’s Sixth Amendment speedy trial right has been violated. 407 U.S. 514 (1972). This case presents three questions regarding Barker's fourth prong, prejudice: I. Whether a defendant’s lost opportunity to seek a reduced state sentence under state law can constitute prejudice under Barker? II. Whether to show she suffered “anxiety and concern” (a form of prejudice expressly recognized in Barker), a defendant must simply introduce credible evidence to support that claim, or must instead, as the Tenth Circuit held below, show “some special harm which distinguishes her case” from that of any other arrestee awaiting trial? III. Whether the Tenth Circuit erred in concluding that a defendant cannot show prejudice from oppressive pretrial incarceration (another form of prejudice expressly recognized in Barker) if she is serving another jurisdiction’s sentence during the period of impermissible delay? i

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-10
Waiver of right of respondent United States to respond filed.
2018-09-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2018)

Attorneys

Julia Frias
John Carl ArceciOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent