No. 23-5322

Tommie Doward Weathers, Jr. v. United States

Lower Court: Fourth Circuit
Docketed: 2023-08-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process fault-determination pretrial-confinement pretrial-detention release-from-confinement speedy-trial-act statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Meaning of 'fault' in 18 U.S.C. § 3164(c)

Question Presented (OCR Extract)

QUESTION PRESENTED This case concerns the meaning of the word “fault” in 18 U.S.C. § 3164(c), which says that if a defendant is not brought to trial within 90 days following his detention, and the delay is not the “fault of the accused or his counsel...,” the defendant must be released from confinement. Petitioner, Tommie Doward Weathers (“Weathers”), was held in pretrial confinement for 144 nonexcludable Speedy Trial Act (“STA”) days. Nevertheless, the district court, affirmed by summary order of the Fourth Circuit Court of Appeals, denied Weathers’ motion for release under § 6134(c), concluding Weathers was “partially” at fault for some undetermined number of the 144 nonexcludable STA days. The issue presented is the meaning of “fault” in STA § 6134(c), and the proper test for ascribing “fault” to a confined defendant or their attorney in a motion for the defendant’s release under STA § 6134(c). i PARTIES AND

Docket Entries

2023-10-02
Petition DENIED.
2023-08-17
DISTRIBUTED for Conference of 9/26/2023.
2023-08-15
Waiver of right of respondent United States to respond filed.
2023-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2023)

Attorneys

Tommie Weathers
Louis Hart LangCallison Tighe & Robinson LLC, Petitioner
Louis Hart LangCallison Tighe & Robinson LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent