No. 24-5088

In Re Gavin B. Davis

Lower Court: N/A
Docketed: 2024-07-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction circuit-court-split circuit-split collateral-order-doctrine criminal-procedure interlocutory-appeal mootness pretrial-release speedy-trial-act statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Appealability-of-18-U.S.C.-§-3164-motion-for-pretrial-release

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Is a decision regarding an 18 U.S.C. § :3164 Motion for Pretrial Release immediately appealable interlocutory (e.g. 28 U.S.C. § 1291; collateral order doctrine) as held in persuasive opinions by the Tenth and ‘ Eleventh Circuit courts in contrast to the Fifth . Circuit (Le. circuit court split)? (2) Subsequent to (a) the denial of a motion for pretrial release under 18 U.S.C. § 3164; and, thereafter, (b) a defendant obtaining pretrial release under separate authority (e.g. ‘ 18 U.S.C. § 3142 and its progeny), presuming the Tenth and Eleventh Circuit courts are, in fact, properly upholding Congressional intent with respect to pretrial release as codified under the Speedy Trial Act, is appellate review and ; relief under § 3164 moot? Rule 14.1 (a)

Docket Entries

2024-10-07
Petition DENIED.
2024-08-26
Application (24A198) denied by Justice Alito.
2024-08-15
Application (24A198) for bail pending disposition of the petition for writ of mandamus, submitted to Justice Alito.
2024-08-01
DISTRIBUTED for Conference of 9/30/2024.
2024-07-29
Waiver of United States of right to respond submitted.
2024-07-29
Waiver of right of respondent United States to respond filed.
2024-04-19
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due August 15, 2024)

Attorneys

Davis, In Re Gavin B.
Gavin B. Davis — Petitioner
Gavin B. Davis — Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent