Here's the docket: Any criminal law folks know why a warrant issued in early March gets posted to a docket on the last business day of the year?pic.twitter.com/A0H9t0EKXW
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No such rule I know of. I don't have Pacer access right this sec so would have to look at the docket, but under federal crim rule 41 there is no such time requirement. Maybe there was a Motion to Unseal, or maybe docketing is super slow in federal on these things.
Federal criminal rule 55 is the only one I know of pertaining to clerk's records. It is very brief. https://www.federalrulesofcriminalprocedure.org/title-ix/rule-55-records/ …
Very, very few crim. lawyers practice in federal court, but most litigators know that federal court moves at a snails pace; there are unbelievable backlogs. Clarke has nothing to gain in unsealing this publicly. Likely its fed. clerks being swamped, and getting it done bef EOY.
That’s not true. I am a federal court litigator (civil not criminal but still) & federal court does not move at a snails pace - that’s state courts! There’s no way on earth a filing from March would be backlogged so not to be on PACER until end of Dec. Must be a reason behind it.
I guess this ABA link is all made up. I've witnessed matters not get docketed for a few months, at least in California - for NO good reason. You cannot speak from an absolutist position of authority on this topic any more than I can. We don't really know.http://www.abajournal.com/news/article/us_courts_federal_litigants_face_record_civil_case_backlog_due_to_shortage …
I CAN speak from a position of authority given I’m a fed court litigator barred in CA, lived there for years, and still litigate cases there. Yes of course there’s a criminal CASE backlog BUT there’s not a backlog of getting things entered into PACER. 9 month delay not typical.
I never said it as an absolute point. Yes, that doesn't make sense, it is more than likely the Court unsealed it sua sponte absent Defendant's Motion to Unseal. With 10 years experience litigating in criminal court, I can take a stab at this at least :)
Have a good night, Mr. Position of Authority.
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