No. 21-7464

Ioan Lela v. Thomas J. Dart, Sheriff, Cook County, Illinois, et al.

Lower Court: Seventh Circuit
Docketed: 2022-03-25
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-rights due-process federal-jurisdiction habeas-corpus irreparable-harm pre-trial-detention speedy-trial younger-abstention
Latest Conference: 2022-05-26
Question Presented (from Petition)

I.
Whether a pre-trial detainee, amid the ongoing Covid-19 crisis, can obtain dismissal of his/her pending state criminal charges in federal court pursuant to 28 USCS 2241; based on wilful and uncontradicted violations of his/her 6th Amendment Constitutional Right to speedy trial by the State.

II.
Whether a pretrial detainee's legally presumed and uncontradicted "irreparable harm" caused by wilful speedy trial violations through a (5+) year bad faith delay by the State may be redressed under the "clearly established law" rule; and thus warrants Federal habeas intervention and relief under 28 USC 2241, including dismissal of pending state charges.

Question Presented (AI Summary)

Whether a pretrial detainee can obtain dismissal of pending state criminal charges in federal court pursuant to 28 USC § 2241 based on willful and uncontradicted violations of their 6th Amendment constitutional right to a speedy trial by the state

Docket Entries

2022-05-31
Petition DENIED.
2022-05-11
DISTRIBUTED for Conference of 5/26/2022.
2022-01-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2022)

Attorneys

Ioan Lela
Ioan Lela — Petitioner