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David Lee Sanders v. Alabama

Paid petition · Court of Criminal Appeals of Alabama, No. CR-17-0482 · judgment September 7, 2018


Certiorari denied · May 13, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether a criminal defendant who pleads guilty pursuant to a negotiated plea agreement and serves a five-year, split sentence, which is subsequently reversed because the plea agreement was illegal, is entitled to include the time from his original arrest until his re-sentencing─over six years─for purposes of determining whether his constitutional right to a speedy trial was violated?

  2. Whether the trial court erred to reversal in denying the defendant’s motion to dismiss the indictment against him because it erroneously excluded the time between his original arrest and the reversal of his sentence in determining whether his constitutional right to a speedy trial was violated? PARTIES TO THE PROCEEDINGS Petitioner (Defendant below) is David Lee Sanders. Respondent is the State of Alabama. RULE 29.6 STATEMENT Petitioner David Lee Sanders is an individual with no corporate affiliation, no parent corporation, and no publicly held corporation owning 10% of more of its stock.

Counsel of record

For petitioner
Algert Swanson Agricola Jr.
Agricola Law, L.L.C.

For respondent
Edmund Gerard LaCour Jr.
Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 13 2019
    Petition DENIED.
  2. Apr 23 2019
    DISTRIBUTED for Conference of 5/9/2019.
  3. Apr 17 2019
    Waiver of right of respondent State of Alabama to respond filed.
  4. Apr 04 2019
    Petition for a writ of certiorari filed. (Response due May 9, 2019)