No. 22-5316
Antwan Criswell v. United States
Response WaivedIFP
Tags: 18-usc-3161 18-usc-3262 court-congestion dismissal-with-prejudice due-process judicial-delay speedy-trial speedy-trial-act statutory-interpretation
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference:
2022-09-28
Question Presented (AI Summary)
Whether the presumption of prejudice in a Speedy Trial Violation under 18 U.S.C. §3262 requires dismissal with prejudice, despite the court's claim of no prejudice due to court congestion under 18 U.S.C. §3161(h)(7)(C)
Question Presented (OCR Extract)
QUESTION(S) PRESENTED 1) Since the presumption of prejudice exists in a Speedy Trial Violation under 18 | U.S.C. §3262, and the Sanction is Dismissal with Prejudice for said violation, and in light of the existing violation filed, that the Court delayed relief of for over thirteen months, then claimed no prejudice does not suffice, under 18 U.S.C. §3161(h)(7)(C), "due to court congestion." : , . | -(i), |
Docket Entries
2022-10-03
Petition DENIED.
2022-08-18
DISTRIBUTED for Conference of 9/28/2022.
2022-08-11
Waiver of right of respondent United States to respond filed.
2022-07-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2022)
Attorneys
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent