Dock McNeely v. Lou Blanas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that § 2254 is 26 inapplicable where petitioner is not challenging legality of state court judgment
• explaining that 9 || § 2241 is proper because pretrial detainee does not meet § 2254’s criteria of being in custody 10 || “pursuant to the judgment of a State court.”
• explaining that 8 || § 2241 is proper because pretrial detainee does not meet § 2254’s criteria of being in custody 9 || “pursuant to the judgment of a State court.”
• noting that a three-year delay in commencing trial triggered a presumption of prejudice and application of the factors articulated by the Supreme Court in Barker v. Wingo, 407 U.S. 514 (1972)
• finding a delay of three years to be substantial, such that prejudice was presumed
• finding a delay of three years to be substantial, such that prejudice was presumed

Source: CourtListener parenthetical corpus (CC0).