No. 20-793

Samir Rafic Khoury v. United States

Lower Court: Fifth Circuit
Docketed: 2020-12-11
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review criminal-defendant criminal-procedure indictment-dismissal mandamus mandamus-relief post-indictment-delay post-judgment-review prejudice speedy-trial
Key Terms:
ERISA DueProcess FifthAmendment JusticiabilityDoctri Jurisdiction
Latest Conference: 2021-01-22
Question Presented (AI Summary)

Whether a Court of Appeals may review, on petition for a writ of mandamus, the denial of a criminal defendant's motion to dismiss the indictment on speedy-trial grounds

Question Presented (from Petition)

QUESTION PRESENTED Whether a Court of Appeals may review, on petition for a writ of mandamus, the denial of a criminal defendant’s motion to dismiss the indictment on speedy-trial grounds, or whether, as the Fifth Circuit held below, the ultimate availability of post-judgment appellate review categorically bars mandamus relief— even where, as here, the District Court concludes that a criminal defendant has suffered substantial, actual prejudice as a result of post-indictment delay in bringing him to trial. (i)

Docket Entries

2021-01-25
Petition DENIED.
2021-01-06
DISTRIBUTED for Conference of 1/22/2021.
2020-12-30
Waiver of right of respondent United States to respond filed.
2020-12-07
Petition for a writ of certiorari filed. (Response due January 11, 2021)

Attorneys

Samir Rafic Khoury
Charles S. LeeperFaegre Drinker Biddle & Reath LLP, Petitioner
Charles S. LeeperFaegre Drinker Biddle & Reath LLP, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent