CARTER VS. BIGELOW

MEMORANDUM DECISION AND ORDER GRANTING MOTIONS TO STRIKE AND DENYING MOTION TO AMEND AND RENEWED MOTION TO STAY

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In a case of first impression, the United States District Court considered a crime victim's representative's right under federal law to proceeding free from unreasonable delay. The court granted (1) both the victim's representative's and the state's motion to strike the habeas petitioner's request to add additional claims to his petition and (2) the victim’s representative's request to deny the amendment on the merits because the proposed amendment would unduly prolong and complicate this case and it would violate the Victim’s Representative’s right to proceedings free from unreasonable delay and his right to be treated with fairness.

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Published In: Civil Procedure Updates, Civil Remedies Updates, Civil Rights Updates, Constitutional Law Updates, Criminal Law Updates

Reference Info:Decision | Federal, 10th Circuit, Utah | United States