Monday, October 25, 2010

Cert Grants and Issues to Preserve

Just a quick note on some issues to look for and recent grants of cert.

Sykes v. United States, 09--11311 (Sept. 28, 2010): Does fleeing police in a vehicle (under the Indiana fleeing-and-eluding statute) constitute a violent felony for ACCA purposes?

The Seventh Circuit held that fleeing police in a vehicle in violation of the Indiana statute was sufficiently similar to the ACCA's enumerated offenses to counts as a violent felony. United States v. Sykes, 598 F.3d 334 (7th Cir. 2010).

United States v. Tinklenberg, No. 09-1498 (Sept. 28, 2010): Is the time between the filing of a pretrial motion and its disposition automatically excluded from the deadline for starting trial under the Speedy Trial Act (18 U.S.C. § 3161(h)(1)(D)), or is it excluded only if the motion actually causes a postponement, or the expectation of a postponement, of the trial?

The Sixth Circuit interpreted 18 U.S.C. § 3161(h)(1)(D) to mean time is excluded when pretrial motions are filed and pending if they could possibly cause any delay of trial. United States v. Tinklenberg, 579 F.3d 589 (6th Cir. 2009).

Mr. Tinklenberg is represented by this blog's own Kevin Schad, Appellate Division, Office of the Federal Defender for the Southern District of Ohio.

1 comment:

Government Grants said...

Sixth circuit blog helps in the Cert Grants and Issues to Preserve. The Seventh Circuit held that fleeing police in a vehicle in violation of the Indiana statute was sufficiently similar to the ACCA's enumerated offenses to counts as a violent felony.