No. 19-6880

Gregory Bartunek v. United States

Lower Court: Eighth Circuit
Docketed: 2019-12-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: collateral-relief constitutional-rights criminal-procedure due-process exceptional-circumstances habeas-corpus prejudice prejudice-standard speedy-trial
Key Terms:
DueProcess
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Is an affirmative demonstration of prejudice to the accused's ability to defend himself essential to prove the denial of his right to a speedy trial?

Question Presented (OCR Extract)

No question identified. : . h . QUESTIONS I. IS AN AFFIRMATIVE DEMONSTRATION OF PREJUDICE TO THE ACCUSED'S . ABILITY TO DEFEND HIMSELF ESSENTIAL TO PROVE THE DENIAL OF HIS RIGHT TO A SPEEDY TRIAL? II. SHOULD THE COURT ALLOW HABEAS CORPUS RELIEF OR SIMILAR COLLATERAL : . RELIEF FOR A SPEEDY TRIAL CLAIM BROUGHT BEFORE TRIAL? DOES DENIAL OF SUCH A CLAIM, NOT BASED ON ITS-MERITS, VIOLATE THE PETITIONER'S DUE PROCESS RIGHTS? ° ” oo -III. SHOULD "EXCEPTIONAL CIRCUMSTANCES" BE REQUIRED TO BRING FORWARD A HABEAS CLAIM, BASED ON A SPEEDY TRIAL VIOLATION, PRIOR TO TRIAL? ARE SUCH CIRCUMSTANCES PRESENT IN THIS CASE? SHOULD THE . PETITIONER'S WRIT FOR HABEAS THEN BE GRANTED? i .

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-16
Waiver of right of respondent United States to respond filed.
2019-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2020)
2019-09-25
Application (19A341) granted by Justice Gorsuch extending the time to file until November 22, 2019.
2019-09-17
Application (19A341) to extend the time to file a petition for a writ of certiorari from September 23, 2019 to November 22, 2019, submitted to Justice Gorsuch.

Attorneys

Gregory Bartunek
Gregory Bartunek — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent