Wright

Wright v. Volland

Good Law
331 F. App'x 496
United States Court of Appeals for the Ninth CircuitMay 27, 2009No. 08-35724California714 words

Opinion

Lead Opinion

MEMORANDUM **

Sean Wright appeals from the district court’s denial of his pretrial habeas petition on Younger abstention grounds. Wright claims that the five-year delay between the time when he was charged with sexual abuse of a minor and his arrest violates his Sixth Amendment right to a speedy trial. We have jurisdiction under 28 U.S.C. §§ 2241 (c)(3) and 1291, and we affirm.

1. Because Wright asks us to order the state of Alaska to dismiss the charges against him, and because the state appellate courts have not yet had the opportunity to examine the merits of Wright’s constitutional claims, Younger v. Harris mandates that we abstain from intervening in the ongoing state criminal proceedings absent extraordinary circumstances. See 401 U.S. 37, 46 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971). Wright failed to demonstrate any “ ‘special circumstances’ ” warranting federal intervention. See Carden v. Montana, 626 F.2d 82, 83 (9th Cir.1980) (quoting Braden v. 30th Judicial Circuit Court of Ky., 410 U.S. 484, 489 , 93 S.Ct. 1123 , 35 L.Ed.2d 443 (1973)).

Wright has not demonstrated irreparable injury by the simple fact that he must wait to assert his speedy trial claim on direct appeal…

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