No. 24-6381

Gary Eugene Graham v. United States

Lower Court: Eighth Circuit
Docketed: 2025-01-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights covid-19-delay due-process ends-of-justice sixth-amendment speedy-trial
Key Terms:
DueProcess Privacy
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Is it a violation of a pretrial defendant's Sixth Amendment right to a Speedy Trial along with the Speedy Trial Act, and this Honorable Court's decision in Zedner v. United, 547 U.S. 489, 497 (2006), when a district judge refuses to acknowledge any right to a Speedy Trial and delays any action for over 18 months claiming Covid-19 while also failing to make the requisite findings for the need for an ends-of-justice continuance?

Question Presented (OCR Extract)

1. Is it a violation of a pretrial defendant's Sixth Amendment right to a Speedy Trial along with the Speedy Trial Act, and this Honorable Court's decision in Zedner v. United, 547 U.S. 489, 497 (2006), when a district judge refuses to acknowledge any right to a Speedy Trial and delays any action for over 18 months claiming Covid-19 while also failing to make the requisite findings for the need for an ends-of-justice continuance? 2. Is it a violation of a defendant's Fifth and Sixth Amendment right to Due Process and effective assistance of counsel for a lower court to deny another attorney to defend defendant when the current attorney states he cannot represent the defendant due to a conflict of interest? 3. Is it a violation of an individual's Fourth Amendment right to unreasonable search and seizure when law enforcement falsifies affidavits and search warrants to gain entrance to his home, and in doing so overreaches the area of the search warrant resulting in evidence gained by "fruits of the poisonous tree" and the prosecuting attorney is made aware of this and continues to prosecute the individual even though the "alleged"evidence was stolen from law enforcement's own evidence locker and prosecuting attorney lied about its existence to procure a guilty plea?

Docket Entries

2025-02-24
Petition DENIED.
2025-02-06
DISTRIBUTED for Conference of 2/21/2025.
2025-01-31
Waiver of United States of right to respond submitted.
2025-01-31
Waiver of right of respondent United States to respond filed.
2024-12-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2025)

Attorneys

Gary Eugene Graham
Gary Eugene Graham — Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent