No. 21-6933

Carlos Rivera-Alejandro, aka Homero v. United States

Lower Court: First Circuit
Docketed: 2022-01-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: barker-factors barker-v-wingo circuit-split civil-rights constitutional-review criminal-procedure due-process speedy-trial standard-of-review trial-length
Key Terms:
DueProcess
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether the Supreme Court should resolve a circuit split concerning the standard of review for a constitutional speedy-trial-claim

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the Supreme Court should resolve a circuit split concerning the standard of review for a constitutional speedy trial claim. 2. Whether the second and third factors set forth in Barker v. Wingo, 407 U.S. 14 (1972), were correctly evaluated under either the (appropriate) de novo standard of review, or under the (applied) abuse of discretion standard. 3. Whether an unduly lengthy trial—consisting of 128-days spanning 18 months— violates the Due Process Clause. i

Docket Entries

2022-02-22
Petition DENIED.
2022-02-03
DISTRIBUTED for Conference of 2/18/2022.
2022-01-26
Waiver of right of respondent United States to respond filed.
2022-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2022)

Attorneys

Carlos Rivera-Alejandro
Rachel Brill — Petitioner
Rachel Brill — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent