pre-indictment-delay
9 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23-7344 | Richard Arlee Champion v. United States | Fourth Circuit | 2024-04-30 | Denied | Response WaivedIFP | 28-usc-2255 criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance-of-counsel motion-to-vacate plea-bargaining pleading-timing pre-indictment-delay statute-of-limitations | I. WHEN DETERMINGING THE TIMLINESS OF A MOTION TO VACATE PURSUANT TO 28 USC 2255, WHAT PLEADING DETERMINES THE RELEVANT PLEADING WHEN MAKING THAT DETE… |
| 21-1254 | Allen Bregman v. Florida | Florida | 2022-03-16 | Denied | burden-of-proof circumstantial-evidence due-process ex-post-facto fifth-amendment fourteenth-amendment pre-indictment-delay sixth-amendment tactical-advantage united-states-v-lovasco | 1. Whether United States v. Gouveia, 467 U.S. 180 (1984) departed from the two-tier test for determining a due process violation established by United… | |
| 20-7896 | John Matthew Gayden, Jr. v. United States | Eleventh Circuit | 2021-04-30 | Denied | IFP | actual-prejudice criminal-investigation due-process fourth-amendment pre-indictment-delay prescription-drug-monitoring prescription-drug-monitoring-program search-and-seizure warrant-requirement warrantless-search | I. Florida's Prescription Drug Monitoring Program (PDMP), like PDMPs across the country, is a digital database that collects and analyzes controlled s… |
| 20-7641 | Brian Hawkins v. Tim Shoop, Warden | Sixth Circuit | 2021-04-01 | Denied | Response WaivedIFP | constitutional-law constitutional-rights credibility-analysis criminal-procedure due-process lovasco-standard pre-indictment-delay prosecutorial-discretion trial-court-error united-states-v-lovasco | Has the trial court erred by adding a credibility analysis to an unjustifiable pre-indictment delay test of Due Process prescribed by United States v.… |
| 20-6387 | Darrin B. Woodard v. United States | Tenth Circuit | 2020-11-19 | Denied | Amici (1)Relisted (7)IFP | constitutional-rights criminal-procedure due-process government-justification pre-indictment-delay preindictment-delay prejudice prosecutorial-discretion prosecutorial-misconduct tenth-circuit-standard | Whether, as many courts have held, allowing a prosecution to continue after lengthy and demonstrably prejudicial delay in filing criminal charges offe… |
| 20-455 | Daniel Carpenter v. United States | Second Circuit | 2020-10-08 | Denied | Response Waived | due-process fifth-amendment post-indictment-delay post-verdict-delay pre-indictment-delay sentencing-delay sixth-amendment speedy-trial | Whether the Government's prosecution of the Petitioner in this case violated his Sixth Amendment right to a Speedy Trial and/or his Fifth Amendment ri… |
| 19-5847 | Dennis White v. Ohio | Ohio | 2019-09-06 | Denied | Response WaivedIFP | 6th-amendment due-process fourteenth-amendment hospital-records ineffective-assistance ineffective-assistance-of-counsel material-evidence pre-indictment-delay reasonable-probability sixth-amendment strickland-standard strickland-v-washington | Was the State Appellate court decision contrary to, or involved an unreasonable application of, clearly established federal law, Strickland v. Washing… |
| 19-5388 | Marquis Travell Edwards v. United States | Ninth Circuit | 2019-07-29 | Denied | Response WaivedIFP | certificate-of-appealability criminal-procedure discovery due-process government-misconduct habeas-corpus pre-indictment-delay preindictment-delay prosecutorial-misconduct tactical-advantage | Whether the Ninth Circuit Court of Appeals should have granted a certificate of appealability (COA) because reasonable jurists would disagree whether … |
| 18-7344 | Tony Dickinson v. United States | Seventh Circuit | 2019-01-09 | Denied | Response WaivedIFP | 6th-amendment criminal-defense entrapment fourteenth-amendment government-misconduct ineffective-assistance-of-counsel pre-indictment-delay sixth-amendment structural-error | I. Whether this Court Should Resolve the longstanding Conflict among Federal Courts over whether the Fifth Amendment Delay caused by the government as… |