Case Summaries: Fourth Circuit Court of Appeals (Oct. 2023)

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during October 2023. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Trial delays primarily attributable to COVID-19 pandemic did not violate defendant’s statutory or constitutional speedy trial rights U.S. v. Pair, 84 F.4th 577 (Oct. 24, 2023). The defendant was charged with distribution of fentanyl in the Eastern District of Virginia. His trial was initially scheduled for April 2020. Widespread pandemic closures and concerns were prevalent by March of that year. By multiple orders of the district’s Chief Judge, jury trials were suspended, and cases were continued through September 2020. Each order detailed the potential health impacts of the COVID-19 pandemic on the ability of the trial courts to conduct safe and efficient proceedings. The Government sought continuances in the defendant’s case following each order. The defendant did not object to any of the requests. The case was again continued for case-specific reasons from early September to late September. The defendant’s attorney then needed emergency surgery. The defendant sought new counsel, and the case was again continued to December 2020 to allow the new attorney to prepare. In October 2020, the defendant moved to dismiss for speedy trial violations. The case was once more continued from the December setting to allow resolution of the motion to dismiss. In early 2021, there was a surge in COVID-19 cases and the Chief Judge again issued [...]