Bloate v. United States
Issues
Is time to prepare pretrial motions, when requested by the defendant, automatically excluded from calculating the Speedy Trial Act’s requirement that trials occur within seventy days of an indictment, or the defendant’s first appearance in court, whichever is later?
The Speedy Trial Act of 1974 (“STA”) requires that a criminal defendant be brought to trial within seventy days of either his or her indictment or first appearance in court. Under the STA, several delays are automatically excluded from the seventy-day period, including delays related to pretrial motions. During the lead-up to Taylor Bloate’s (“Bloate”) trial, the District Court granted then-defendant Bloate’s request for extra time to prepare pretrial motions. At issue in this case is whether the time to prepare pretrial motions, when requested by a defendant, is automatically excluded from the STA’s seventy-day period. If this preparation time is included, the period between Bloate’s indictment and trial would exceed seventy days, and Bloate’s indictment would not stand. Conversely, if it is not included, the period would be less than seventy days, and Bloate’s indictment would stand. The Supreme Court’s decision in this case will resolve a circuit court split and will also have significant effects on federal criminal procedure, the interests of criminal defendants, the and the interests of the general public in maintaining a fair and efficient criminal justice system.
Questions as Framed for the Court by the Parties
Whether the 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.
Under the Speedy Trial Act of 1974 (“STA”), a criminal defendant is entitled to a trial within seventy days after an indictment is issued, or the defendant’s first appearance before a federal court, whichever is later. See 18 U.S.C.
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Additional Resources
· Annotated U.S. Constitution: Sixth Amendment (Speedy Trial)
· U.S. Department of Justice: Speedy Trial Act