No. 19-7238

Jerry Reginald Burkes v. Tennessee

Lower Court: Tennessee
Docketed: 2020-01-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure dismissal due-process harmless-error harmless-error-analysis indictment-dismissal mandatory-language money-laundering speedy-trial speedy-trial-act statutory-interpretation tennessee-local-rule-10.03 tennessee-rules-of-criminal-procedure tennessee-rules-of-evidence trial-rights
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the trial court's denial of a motion to dismiss an indictment for a violation of the Speedy Trial Act's 70-day time limit is subject to harmless-error analysis

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. WHETHER THE TRIAL COURT'S DENIAL OF A MOTION TO DISMISS AN INDICTMENT FOR A VIOLATION OF THE SPEEDY TRIAL ACT'S 70 DAY TIME LIMIT FOR BRINGING A DEFENDANT TO TRIAL IS SUBJECT TO HARMLESS-ERROR ANALYSIS, DESPITE THE STATUTE'S MANDATORY LANGUAGE STATING THAT, IN THE EVENT OF A VIOLATION, "THE INDICTMENT SHALL BE DISMISSED." 2. WHETHER MR. BURKES RECEIVED A FAIR TRIAL PURSUANT TO TENNESSEE RULES OF EVIDENCE 404(B) WITHOUT SEVERING THE CHARGES PURSUANT TO TENNESSEE RULES OF CRIMINAL PROCEDURES 8(B) AND 14(B)(1). 3. WHETHER THE EVIDENCE WAS SUFFICIENT TO SUPPORT A CONVICTION OF MONEY LAUNDERING PURSUANT TO TENNESSEE CODE ANNOTATED §39-14-903(B)(1). 4. WHETHER THE TRIAL COURT ABUSED ITS DISCRETION WITHOUT INTRODUCING INTO EVIDENCE AN AUDIO RECORDING GOVERNED BY TENNESSEE LOCAL RULE 10.03.

Docket Entries

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-16
Waiver of right of respondent State of Tennessee to respond filed.
2020-01-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2020)

Attorneys

Jerry R. Burkes
Jerry Reginald Burkes — Petitioner
State of Tennessee
Courtney Nicole OrrOffice of the Tennessee Attorney General and Reporter, Respondent