Wednesday, December 18, 2013

Unpublished Decisions

U.S. v. Barraza-Flores, 2013 WL 6233941 (12/3/13) (N.M.) (unpub'd) - On the issue preservation front, a single sentence saying the "defendant's constitutional rights to a speedy trial should not take a back seat to a forensic chemist's scheduling conflicts" did not validly raise a Speedy Trial Act claim. So under the Act the issue was waived on appeal.

Fitzpatrick v. Monday, 2013 WL 6233943 (12/3/13) (Okl.) (unpub'd) - The 10th rules a state habeas filing the state court rejected for failure to comply with the page limit rules of the court was not "properly filed" under AEDPA and so did not toll the running of the statute of limitations.