Opinion

Albert Moore v. John Deyoung, Warden, Passaic County Jail, and Frank Davenport, Sheriff

  • 515 F.2d 437
  • 1975 U.S. App. LEXIS 15258
Court
Court of Appeals for the Third Circuit
Filed
Apr 8, 1975
Status
Published
Author
Seitz
On the bench
Seitz, Al-Disert, Garth
Cited by
395 cases
Authority
More cited than 25.0%

holding that the alleged denial of petitioner’s right to a speedy trial does not constitute a “per se extraordinary circumstance” as to require federal intervention prior to exhaustion of state court remedies and explaining that the petitioner would have “an opportunity to raise his claimed denial of the right to a speedy trial during his state trial and any subsequent appellate proceedings in the state courts” (internal quotation marks omitted)

How later courts described this case

  • holding that the alleged denial of petitioner’s right to a speedy trial does not constitute a “per se extraordinary circumstance” as to require federal intervention prior to exhaustion of state court remedies and explaining that the petitioner would have “an opportunity to raise his claimed denial of the right to a speedy trial during his state trial and any subsequent appellate proceedings in the state courts” (internal quotation marks omitted)
  • stating that speedy trial issues require state exhaustion before there can be federal habeas consideration, unless the petitioner can demonstrate “extraordinary circumstances” that would obviate the exhaustion requirement
  • explaining a federal court should not exercise habeas “jurisdiction without exhaustion . . . at the pre-trial stage unless extraordinary circumstances are present”; otherwise, the petitioner must exhaust state remedies and make a special showing of the need for adjudicationbefore trial
  • holding that the pe- titioner’s “claim of alleged denial of the right to a speedy trial [by the state court] does not fall within the extraordinary circum- stances envisioned in Younger”

Written by the judges who cited it.

The opinion

SEITZ, Chief Judge

(concurring).

I concur in the result. The emphasis by the Supreme Court in Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484 , 93 S.Ct. 1123 , 35 L.Ed.2d 443 (1973), on the fact that the petitioner there did not seek to abort a state proceeding compels me to conclude that where, as here, a “derailment of a pending state proceeding” is sought, intervention by a federal court cannot be permitted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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