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Carvalho v. North Carolina

Petition for certiorari denied on October 2, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-1087 N.C. App. N/A N/A N/A N/A OT 2017

Issues: (1) Whether the burden of proof concerning the reasons for pretrial delay rests (a) with the state, to show that the reasons for delay were justified, as eleven circuits and many state courts of last resort have held; or (b) with the defendant, to show that the reasons for delay were unjustified, as the court below held; and (2) whether a defendant who was incarcerated during a nearly-nine-year pretrial delay must also produce “affirmative proof of prejudice” for Barker v. Wingo's prejudice factor to weigh in his favor.

SCOTUSblog Coverage

DateProceedings and Orders
Mar 07 2017Petition for a writ of certiorari filed. (Response due April 10, 2017)
Mar 17 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Mar 23 2017Waiver of right of respondent North Carolina to respond filed.
Apr 05 2017DISTRIBUTED for Conference of April 21, 2017.
Apr 05 2017Brief amici curiae of The North Carolina Advocates for Justice, et al. filed. (Distributed)
Apr 06 2017Response Requested. (Due May 8, 2017)
May 02 2017Order extending time to file response to petition to and including June 7, 2017.
Jun 07 2017Brief of respondent North Carolina in opposition filed.
Jun 20 2017Reply of petitioner John Joseph Carvalho, II filed. (Distributed)
Jun 21 2017DISTRIBUTED for Conference of September 25, 2017.
Oct 02 2017Petition DENIED.
Term Snapshot