No. 23-5956

Eriq R. McCorkle v. Norm Robinson, Warden

Lower Court: Sixth Circuit
Docketed: 2023-11-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 5th-amendment 6th-amendment barker-standard barker-v-wingo constitutional-rights material-witness pre-trial-delay prejudice sixth-amendment speedy-trial
Key Terms:
HabeasCorpus
Latest Conference: 2023-12-08
Question Presented (AI Summary)

when-death-of-material-witness-occurs-during-pre-trial-delay

Question Presented (OCR Extract)

QUESTION(S) PRESENTED i. When the death of a material witness occurs during Pre-Trial delay, does’ there need to be a showing of whether and/or what the witness would have testified to for the defense to meet the prejudice standard set by Barker v. Wingo (1972) ? 2. Is it error for the Federal Courts to apply the 5 and 14* 8 Amendment Pre"Indictment Delay standard in the analysis of a 6 Amendment Speedy Trial Claim when determining prejudice during Pre-Trial Delay? Page 3 of 16

Docket Entries

2023-12-11
Petition DENIED.
2023-11-22
DISTRIBUTED for Conference of 12/8/2023.
2023-11-20
Waiver of right of respondent Norm Robinson to respond filed.
2023-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2023)

Attorneys

Eriq R. McCorkle
Eriq R. McCorkle — Petitioner
Norm Robinson
Michael Jason HendershotOhio Attorney General's Office, Respondent