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)
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 Whether the 6th Amendment permits the introduction of a criminal defendant's pre-indictment delay caused by the government as substantive evidence of …