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BLOATE v. UNITED STATES

Docket No.: 08-728
Certiorari Granted: Apr 20 2009
Argued: October 6, 2009
Decided: March 8, 2010

Topics:

Federal Rules of Criminal Procedure, Miranda, Speedy Trial, abuse of discretion

PartyNames: Taylor James Bloate v. United States
Petitioner: Taylor James Bloate
Respondent: United States

Court Below: United States Court of Appeals for the Eighth Circuit
Citation: 534 F.3d 893

Taylor James Bloate
v.
United States
Background:

The Speedy Trial Act, 18 U.S.C. § 3161 et seq., requires that a criminal defendant be tried within 70 days of indictment or the defendant's first appearance in court, whichever is later. In calculating the 70-day period, 18 U.S.C. § 3161(h)(1) automatically excludes "delay resulting from other proceedings concerning the defendant, including but not limited to * * * (D) delay resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, such motion" (emphasis added).

Question Presented:

The question presented here is: Whether time granted to prepare pretrial motions is excludable under § 3161(h)(1). As the Eighth Circuit explicitly acknowledged below, this question has divided the courts of appeals. The Fourth and Sixth Circuits have answered it in the negative; the Eighth Circuit and seven other circuits have answered it in the affirmative.

Question:

Is time granted to prepare pretrial motions automatically excludable under 18 U.S.C. Section 3161(h)(1)?

BLOATE v. UNITED STATES
ORAL ARGUMENT

October 6, 2009

Holding: reversed and remanded
Vote: 7-2
Opinion By: Justice Clarence Thomas
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