Toohey v. United States

Petitioner has raised the issue of post-trial delay before the court below and that issue is currently pending before the Court of Criminal Appeals.1 This Court abuses its authority and its -writ jurisdiction by directing the lower court to rule, and suggesting how it should rule, on an issue that is already properly before it on direct review. For these reasons, I respectfully dissent.

The court below is well aware of this Court’s jurisprudence in the area of post-trial delay,2 and is quite capable of applying that jurisprudence to the facts of this case. It is most inappropriate for this…