No. 18-9292

Timothy B. Fredrickson v. United States

Lower Court: Seventh Circuit
Docketed: 2019-05-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal bail bail-appeal constitutional-rights due-process judicial-discretion mandamus pre-trial-detention pre-trial-release speedy-trial-act statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2019-06-13
Question Presented (AI Summary)

What recourse is available to a defendant, when an appeal and mandamus enforcement of the ministerial and self-executing release on bail provision of 3164 are denied without reaching the merits, and said denial is in direct opposition to the Supreme Court's clearly established and express allowance

Question Presented (from Petition)

Questions Presented: The speedy trial Act and pre-trial release , e@ What recourse is available to a defendant, when an appeal and mandamus enforcement of the ministerial and self-executing release on bail provision of 3164 are denied without reaching the merits, and said denial is in direct opposition to the Supreme Court’s clearly established and express allowance : of appealing adverse bail decisions categorically, and in direct opposition to the Supreme Court’s express disallowance of distinguishing one request of bail from another. e How does title 18 §3164 and it’s 90-day continuous detainee clock operate if §3164 is subject to the same exclusions as §3161(c)(1)’s 70 day trial clock? e Howcan we give effect to §3164(c)’s “through no fault of the accused” language, if §3161(h)(6)’s tolling due to a codefendant expressly applies?, if §3161(h)(1)(H)’s tolling expressly applies, and all proceedings per se concern the defendant?, if §3161(h)(3)(A)’s tolling due to an unavailable witness is expressly incorporated?, if §3161(h)(7)’s tolling due to a judge or government continuance expressly applies? e Under what circumstances may the court(s) ignore controlling (constitutional, statutory and case) law(s) in opposition to the original, prolonged (two years +), and indefinite continuing pre-trial detention of a defendant? e Given the imperative public importance of bail, as well as it’s both civil and collateral nature; are appeals of bail subject to a limited appeal period?, if some courts continue to arbitrarily read 28§1291’s limits into 18§3145, is the FRAP 4(a)(1)(B) civil period of 60-days most appropriate?, or should FRAP 4(b)’s strict 14-day limit continue to be enforced?

Docket Entries

2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-22
Waiver of right of respondent United States to respond filed.
2019-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 14, 2019)

Attorneys

Timothy B. Fredrickson
Timothy B. Fredrickson — Petitioner
Timothy B. Fredrickson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent