Editor's Note :

Editor's Note :

On Monday, we expect orders from the June 22 Conference at 9:30 a.m. and the final opinions of the term at 10 a.m.
Our first interim Stat Pack for October Term 2016, prepared by Kedar Bhatia, is available at this link.
The Supreme Court proceedings and orders in the legal challenges to the administration’s entry ban are available at this link.

United States v. Tinklenberg

Docket No. Op. Below Argument Opinion Vote Author Term
09-1498 6th Cir. Feb 22, 2011
Tr.Aud.
May 26, 2011 8-0 Breyer OT 2010

Holding: For purposes of the Speedy Trial Act, which excludes delay resulting from any pretrial motion from the Act's requirement that a trial begin within seventy days of the arraignment, there is no requirement that the filing of a pretrial motion actually cause, or be expected to cause, a delay of the trial. Instead, the Speedy Trial clock stops running whenever a pretrial motion is filed, regardless whether the motion has any effect on when the trial begins. (Kagan, J., recused).

Plain English Holding: For purposes of the Speedy Trial Act, which excludes “delay resulting from any pretrial motion” from the Act’s requirement that a trial begin within seventy days of the arraignment, the clock stops running whenever a pretrial motion is filed, regardless whether the motion has any effect on when the trial begins.

Judgment: Affirmed, 8-0, in an opinion by Justice Breyer on May 26, 2011. The Chief Justice and Justices Scalia and Thomas joined the opinion in part. Justice Scalia concurred in part and concurred in the judgment; the Chief Justice and Thomas joined that opinion as well. (Kagan, J., recused).

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