Circuit Split Flashcards
Doesn’t Olsen control?
No. (1) Doesn’t purport to address this issue. Concurrence says as much. And repeatedly talks about weighing a variety of factors. (2) Any discussion of general orders was about judges’ decisions to suspend trials. Here, no trial suspension.
Wouldn’t we create a circuit split with Leveke?
No. (1) Trials were being continued by general order. Mostly challenging that decision. (2) Each time the court delayed the trial, found time was excludable. (3) Court made findings in Leveke’s individual case.
Isn’t Rousch squarely on point? The court there orally set forth is reasons for thinking that the General Orders outweighed the defendant’s right to a speedy trial. And there, as here, there’s no reason to think the court was lying.
(1) Unpublished. (2) Violates rule against retroactive continuances. (3) Doesn’t line up with the real reasons why the CJOs were entered.
