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Texas v. Hartfield

Petition for certiorari denied on November 27, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
17-394 Tex. Crim. App. N/A N/A N/A N/A OT 2017

Issues: (1) Whether the Texas Court of Appeals erred in failing to apply standard waiver doctrine to respondent's claim for dismissal of his murder indictment under the Sixth Amendment's speedy trial clause, in conflict with the Supreme Court's holding in Barker v. Wingo that standard waiver doctrine applies; (2) whether, in finding that the speedy trial clause violated, the Texas Court of Appeals erred in weighing strongly against the government its litigation of a good-faith position on an unclear legal issue, in contravention of the Supreme Court's direction in Barker v. Wingo, United States v. Loud Hawk, and United States v. Ewell ; and (3) whether, in finding the speedy trial clause violated, the Texas Court of Appeals erred in holding that a defendant invokes his right to a speedy trial merely by seeking dismissal of the indictment after the period of delay complained of, thus creating a split with decisions of the Supreme Court and the federal courts of appeals.

DateProceedings and Orders (key to color coding)
Jul 24 2017Application (17A119) to extend the time to file a petition for a writ of certiorari from August 15, 2017 to September 14, 2017, submitted to Justice Alito.
Jul 26 2017Application (17A119) granted by Justice Alito extending the time to file until September 14, 2017.
Sep 14 2017Petition for a writ of certiorari filed. (Response due October 16, 2017)
Sep 14 2017Appendix of petitioner filed.
Oct 16 2017Brief of respondent Jerry Hartfield in opposition filed.
Oct 16 2017Motion for leave to proceed in forma pauperis filed by respondent Jerry Hartfield.
Oct 27 2017Reply of petitioner Texas filed.
Nov 01 2017DISTRIBUTED for Conference of 11/21/2017.
Nov 27 2017Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Nov 27 2017Petition DENIED.