No. 24-6634

Robert Andrew Wolter v. United States

Lower Court: Eighth Circuit
Docketed: 2025-02-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split competency-evaluation criminal-procedure speedy-trial-act statutory-interpretation transportation-delay
Latest Conference: 2025-03-21
Question Presented (AI Summary)

Whether time spent transporting a criminal defendant to a competency evaluation facility counts toward or is excluded from the 70-day Speedy Trial Act clock

Question Presented (OCR Extract)

The Speedy Trial Act provides that a criminal defendant’s trial shall commence within 70 days from the filing of the information or indictment or from the date the defendant has appeared before a judicial officer of the court in which the charge is pending. 18 U.S.C. § 3161(c)(1). Certain periods of delay are excluded from the 70-day clock. 18 U.S.C. § 3161(h). On the one hand, “delay resulting from any proceeding, including any examinations, to determine the mental competency or physical capacity of the defendant” is excluded from the 70-day clock. 18 U.S.C. § 3161(h)(1)(A). On the other hand, the lapse of more than 10 days of transportation time between the date of an order for transportation to and from a place of examination or hospitalization and the defendant’s arrival at the destination are presumed to be unreasonable. 18 U.S.C. § 3161(h)(1)(F). The question presented is: when a criminal defendant is transported to another facility to undergo a competency evaluation, does the time between the date of the order for transportation and the defendant’s arrival at the place of examination (less 10 days) count toward the 70-day speedy trial clock under 18 U. S.C. § 3161(h)(1)(F) or is this time excluded from the running of the speedy trial clock as “delay resulting from any proceeding, including any examinations, to determine the mental competency” of the defendant und er § 3161(h)(1)(A)?

Docket Entries

2025-03-24
Petition DENIED.
2025-03-06
DISTRIBUTED for Conference of 3/21/2025.
2025-03-03
Waiver of United States of right to respond submitted.
2025-03-03
Waiver of right of respondent United States to respond filed.
2025-02-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2025)
2025-01-03
Application (24A631) granted by Justice Kavanaugh extending the time to file until February 21, 2025.
2024-12-18
Application (24A631) to extend the time to file a petition for a writ of certiorari from January 7, 2025 to February 21, 2025, submitted to Justice Kavanaugh.

Attorneys

Robert Wolter
David S BarariFederal Public Defender - District of SD, Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent