COVID-related delays and prosecution delays under Expedited Trials Act
petition this week
April 15, 2022
This week, we highlighted a petition for proof asking the Supreme Court to consider the claims brought by two criminal defendants under expedited trial, which sets out time frames for different stages of criminal proceedings.
Under the Expedited Trial Act, the government must file an indictment within 30 days of arresting a person, and a trial must begin within 70 days of the indictment. If the government fails to meet these deadlines, the defendant can drop the prosecution.However, the Expedited Trial Act allows trials to continue in certain circumstances, including [the judge’s] The findings suggest that the best interests of the public and the accused in a expedited trial are outweighed by such actions to serve the purpose of justice. ” In this case, the court must “set Fourth, based on statutory factors, the reasons for its findings. Finally, when a judge dismisses a case under the Expedited Trial Act, the judge may sometimes do so “with prejudice,” preventing the government from seeking new prosecutions for the conduct .
Olson v United States File a claim under the Expedited Trials Act for delays in jury trials during the COVID-19 pandemic. Jeffrey Olson’s trial was scheduled for May 2020 but was postponed after the pandemic began. By order of the chief judge, the U.S. District Court for the Central District of California will not hold a jury trial until May 2021. The parties in Olson’s case initially agreed to postpone the trial until October 2020, but the judge rejected the government’s request. Another went on and asked the chief judge to subpoena jurors. After the chief justice denied the request, the Olson judge dismissed the prosecution with prejudice. According to the statute, a factor that could support a “judicial purpose” to proceed occurs when “failure to allow the proceeding in the proceeding may render such proceeding non- proceeding”. Noting that a jury trial is taking place in state court across the street (and other businesses in the county are open), the judge determined that a jury trial in Olson’s case was not “impossible.”U.S. Court of Appeals for the Ninth Circuit reverse, ruling that the district court erroneously focused only on the actual possibility of holding a trial. The Ninth Circuit held that the chief judge’s suspension of the central jury trial did make Olson’s trial impossible.in his petitionOlson claims circuit splits have arisen in various aspects of the Ninth Circuit analysis.
exist Gottesfeld v United States, Martin Gottesfeld was indicted 246 days after his arrest, after six judicial closures. Gottesfeld argued that despite statutory requirements, judges did not “set The fourth” record why “justified purposes” support any reason for the continuation. After Gottesfeld filed a motion to dismiss, the second judge held that Gottesfeld had “shown that he was ‘seriously considering’ a plea deal” to continue the reason. U.S. First Circuit Court of Appeals confirmon the grounds that “the statute does not require that the judge granting an extension must be the same judge who stated on the record the reasons for the final decision to exclude the time.” In his petition, Gottesfeld insists, the circuit is split on this issue. (In another question, Gottersfield argued that the judge exceeded his discretion because the judge responded to Gottersfield’s three recusal motions, alleging a conflict of interest, using only the directive “motion denied.” , without any explanation or disclosure. The First Circuit also rejected this point of contention.)
these and other petition this week as follows:
Animal Science Products, Inc. v. Hebei Weimei Pharmaceutical Co., Ltd.
question: (1) whether U.S. courts can reinterpret the same text of the Act on a case-by-case basis using a discretionary 10-factor balance test in accordance with the doctrine of prescribed comity, despite the Supreme Court’s “perfect” interpretation of the Sherman Act; (2) ) whether the court interprets the meaning of foreign law Federal Rules of Civil Procedure 44.1 Limited to the “surface” of written legal material, as held by the decision below, or may also consider evidence of how foreign law is implemented and enforced in relation to interpretive investigations in foreign legal systems.
City of Edmond, Oklahoma v. BNSF Railroad
question: (1) In determining whether state laws affecting railroads take precedence, may a court consider only Interstate Commerce Commission Termination Actas the U.S. Courts of Appeals for the Fifth and Tenth Circuits have ruled, or whether the court must also consider all other relevant federal railroad regulations (such as Federal Railroad Safety Act), as the U.S. Courts of Appeals for the 2nd, 6th, 8th, 9th, and District of Columbia Circuits have determined; (2) whether the national railroad safety authority expressly reserved by the FRSA includes public safety at railroad crossings, as the Eighth Circuit As held with the consent of the relevant federal agency, or whether it is limited to state regulation of the safety of participants in the rail system, held as the Tenth Circuit.
Grady v United States
question: whether Religious Freedom Restoration Act The government was burdened to demonstrate that it did consider and reject the effectiveness of less restrictive measures prior to adopting the challenged approach (in this case, suing Clare Grady, Carmen Trotta and Martha Hennessy) in the United States Court of Appeals. The 1st, 3rd, and 9th Circuit Courts of Appeals will require, or under RFRA, whether a person who claims a violation of their religious liberty has a duty to provide an alternative that the government only needs to rebut, as the 8th and 10th U.S. Circuit Courts of Appeals will be established, and As the U.S. Court of Appeals for the 11th Circuit holds below.
Gottesfeld v United States
question: (1) Whether, according to expedited trial lawif one judge grants a “judicial end” continuation without explaining why, another judge may make the findings necessary to support the continuation; (2) Districts in the face of specific allegations in support of judicial disclosure and disqualification Whether the court exceeded its discretion by denying a motion to disqualify without any necessary explanation or disclosure to facilitate meaningful appellate review.
Olson v United States
question: (1) Whether the District Court may dismiss the prosecution under the Criminal Procedure Code expedited trial lawwhen the district court deems it safe to conduct a jury trial, but when a district-wide order prohibits a jury trial; (2) whether the district court can dismiss a prejudice when the court, not the prosecutor, is primarily at fault for the delay as a remedy for breaches of the Expedited Trial Act.