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