NACDL - Robey v. United States

Robey v. United States

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Brief filed: 02/24/2017

Documents

Robey v. United States

United States Supreme Court; Case No. 16-7725

Prior Decision

Decision below, 831 F.3d 857 (7th Cir. Aug. 3, 2016).

Argument

The question whether a district court must provide specific and individualized reasons on the record before an ends-of-justice continuance counts as excludable time is vitally important for ensuring speedy trials. The circuits are divided on how to review ends-of-justice continuances. The circuit conflict is important because district courts frequently use the ends-of-justice provision to grant continuances. Congress created the STA with the public interest firmly in mind and only strict compliance with the Act's on-the-record requirement will protect the public interest. Judicial enforcement of the STA is particularly important in circuits, like the Seventh, that are relatively slow in disposing of criminal cases.

Author(s)

Steven H. Goldblatt, Georgetown University Law Center Appellate Litigation Program, Washington, DC; David M. Porter, NACDL, Washington, DC.