sentencing-delay

8 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5494 Donald A. Allen v. New Jersey New Jersey 2025-08-28 Denied IFP deportation due-process fourteenth-amendment fugitive-warrant judicial-process sentencing-delay 1. Whether the State of New Jersey violated Petitioner's rights under the Due Process Clause of the Fourtheenth Amendment by sentencing him more tha…
25-5134 Nathan G. Flemming v. Taurean James, Warden Sixth Circuit 2025-07-16 Denied Response WaivedIFP district-court-error due-process jury-influence procedural-default remmer-claim sentencing-delay 1. Did the District Court Error in finding that the Presence of defendant for sentencing was not a violation of Due Process? 2. Did the District Cour…
22-7413 Nathan G. Flemming v. Tennessee Tennessee 2023-04-28 Denied Response WaivedRelisted (2)IFP constitutional-law constitutional-provisions criminal-procedure defendant-rights delay due-process judicial-process presence-of-defendant pronouncement-of-sentence sentencing sentencing-delay 1. DOES A THIRTEEN MONTH DELAY BETWEEN SENTENCING HEARING AND THE PRONOUNCEMENT OF SENTENCE VIOLATE DUE PROCESS? 2. DOES THE ABSENCE OF A DEFENDANT F…
22-81 Nathaniel Lambert v. Louisiana Louisiana 2022-07-27 Denied Response RequestedResponse WaivedRelisted (2) appellate-review constitutional-law criminal-procedure due-process griffith-standard jury-unanimity prejudice rehabilitation sentencing-delay 1. Respondent and Louisiana courts delayed eighteen years before sentencing petitioner on two criminal convictions. It is undisputed this delay preven…
21-7542 Carman Deck v. Paul Blair, Warden Missouri 2022-04-05 Denied IFP capital-sentencing constitutional-rights delay-in-sentencing due-process fair-trial fundamental-fairness mitigation-evidence right-to-present-evidence sentencing-delay Betterman v. Montana, 578 U.S. 437, 448 (2016), noted there is a due process limitation upon inordinate delays between conviction and sentencing. What…
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…
19-8149 Nathaniel Lambert v. Louisiana Louisiana 2020-03-31 GVR Response RequestedResponse WaivedRelisted (2)IFP barker-test barker-v-wingo betterman-v-montana civil-procedure constitutional-provision constitutional-rights criminal-procedure due-process judicial-review sentencing-delay Whether, as reserved for decision in Betterment v. Montana, 136 S. Ct. 1609, 1617-18 (2016), the test of Barker v. Wingo, 407 U.S. 514, 530-33 (1972),…
19-5638 Jeffrey E. Lee v. Florida Florida 2019-08-19 Denied Response RequestedRelisted (2)IFP betterman-v-montana constitutional-rights criminal-procedure delay due-process indigent-defendant right-to-counsel sentencing sentencing-delay standard I. IN THE WAKE OF THE QUESTION LEFT OPEN BY THE COURT IN BETTERMAN v. MONTANA . 136 S.CT. 1609 (2016), DOES THE DUE PROCESS CLAUSE CREATE AN ENTITL…