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
Latest Conference: 2023-12-08
Question Presented (from Petition)

1. When the death of a material witness occurs during Pre-Trial delay, does a showing of whether and/or what the witness there need to be 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 5th and Indictment Delay standard in the analysis of a 6th Amendment Speedy Trial Claim when determining prejudice during Pre-Trial Delay?

Question Presented (AI Summary)

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

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