No. 20-7029

Odell Kinard, Jr. v. United States

Lower Court: Ninth Circuit
Docketed: 2021-02-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights continuance multi-defendant severance sixth-amendment speedy-trial statutory-rights trial-delay
Key Terms:
Privacy
Latest Conference: 2021-02-26
Question Presented (AI Summary)

Does Petitioner sacrifice his Sixth Amendment and statutory rights to a speedy trial by the District Court's repeated denial of his motion to sever his trial from that of co-defendants and his repeated objections to continuances thereby delaying Petitioner's trial well beyond the time prescribed by the Speedy Trial Act and any reasonable conclusion of the effect of the Sixth Amendment?

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioner expressly did not join several of the motions of his co-defendants in a multi-defendant drug conspiracy case, and objected to a continuance of trial, as well as making repeated attempts to be severed from the other defendants. He did everything he could to assert his right to a speedy trial. The Question Presented is: Does Petitioner sacrifice his Sixth Amendment and statutory rights to a speedy trial by the District Court’s repeated denial of his motion to sever his trial from that of co-defendants and his repeated objections to continuances thereby delaying Petitioner’s trial well beyond the time prescribed by the Speedy Trial Act and any reasonable conclusion of the effect of the Sixth Amendment? i

Docket Entries

2021-03-01
Petition DENIED.
2021-02-11
DISTRIBUTED for Conference of 2/26/2021.
2021-02-08
Waiver of right of respondent United States of America to respond filed.
2021-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2021)

Attorneys

Odell Kinard
Dan B. Johnson Sr.Law Office of Dan B. Johnson PS, Petitioner
Dan B. Johnson Sr.Law Office of Dan B. Johnson PS, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent