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Criminal Law: Double Jeopardy – Speedy Trial Act – Harassing Communication
U.S. v. Grimes (MLW No. 64480/Case No. 11-3702 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)
Criminal Law: Speedy Trial Act – Excludable Periods – Pre-Trial Motions
U.S. v. Bloate (MLW No. 62750/Case No. 07-2357 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)
Supreme Court looks at 8th Circuit speedy trial clock
When a criminal defendant asks for extra time to file pretrial motions, and then waives his right to file them, is the intervening time excluded from Speedy Trial Act calculations? The U.S. Supreme Court will consider that question after hearing oral arguments last week in Bloate v. U.S. The 8th Circuit case involves Taylor James […]
Criminal Law: Speedy Trial Act – Sentencing – Safety Valve
U.S. v. Bonilla-Filomeno (MLW No. 59618/Case No. 08-3088 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Where a defendant convicted in a drug distribution case brought a Speedy Trial Act claim, the district court did not err in construing the government’s motion to set trial as a motion to continue and in […]
State loosens standards for speedy trials
The St. Louis Circuit Court has been trying for more than a year to resolve older criminal cases, and data show the effort is paying off. But the city and other courts have more than just hard work of judges and lawyers to credit – the state has lowered its standards. The state court system […]
U.S. Supreme Court to review speedy trial case
The U.S. Supreme Court agreed Monday to review an appeal brought by a man who claims his speedy trial rights were violated. The federal Speedy Trial Act gives criminal defendants the right to have a trial within 70 days of indictment or first appearance, whichever is later. If defendants aren’t tried within this 70-day period, […]
Supreme Court accepts cert in 8th Circuit criminal cases
The U.S. Supreme Court accepted cert in two cases appealed from the 8th U.S. Circuit Court of Appeals. In Bloate v. U.S., the question presented to the court is whether time granted to prepare pretrial motions is excludable under the federal Speedy Trial Act, which requires that criminal defendants be tried within 70 days of […]
Criminal Law: Speedy Trial Act – Length Of Delay – Tolling
Where a defendant, who claimed violations of the Speedy Trial Act after spending more than 400 days in jail awaiting trial, traveled out-of-state to cooperate with the government to reduce his sentence, the delay was not of such length to eliminate the need to show particularized prejudice and there was no evidence that the delay […]
Betonsports founder seeks release from pretrial detention
Betonsports founder Gary Kaplan is looking for a Get Out of Jail Free card from the 8th U.S. Circuit Court of Appeals – at least until he can be tried on federal racketeering, conspiracy and fraud charges. On Tuesday, Kaplan filed with the U.S. District Court in St. Louis notice of an interlocutory appeal of […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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