No. 22-7100

Felipe Nevarez v. United States

Lower Court: Tenth Circuit
Docketed: 2023-03-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-provisions criminal-procedure due-process objection-timing speedy-trial speedy-trial-act statute-of-limitations statutory-interpretation tenth-circuit trial-delay waiver
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-04-21
Question Presented (AI Summary)

Does the Speedy Trial Act require the accused to object to lack of speedy trial only after the time has lapsed, or can the accused assert this right prior?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW. The Speedy Trial Act clock was set to expire in this case on February 18, 2021. The day before, the parties appeared at a status conference during which the district court announced that the motion of the Government to extend the trial would be granted and that because of General Orders related to COVID, the earliest trial could commence would be April 12, 2021. Nevarez objected to this. His trial occurred on April 12, 2021, after the speedy trial clock had expired. The Tenth Circuit did not reach the merits of the speedy trial claim, concluding that the objection by Nevarez was made one day too late, i.e., the clock had not actually expired when he objected thus he had waived the issue. The question presented is: Does the Speedy Trial Act require the accused to object to lack of speedy trial only after the time has lapsed, or can the accused assert this right prior? i

Docket Entries

2023-04-24
Petition DENIED.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-03-29
Waiver of right of respondent United States to respond filed.
2023-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2023)

Attorneys

Felipe Nevarez
James L. Hankins — Petitioner
James L. Hankins — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent