Court: Pre-trial motions don't count in deadline

By the Associated Press | May 26, 2011 | 10:27 AM EDT

WASHINGTON (AP) — The Supreme Court says the time used to deal with pretrial motions cannot be used to automatically extend the required deadline for a suspect's speedy trial.

The high court on Thursday refused to grant the government's request to reinstate Jason Louis Tinklenberg's conviction of gun possession by a felon and possession of material used to manufacture methamphetamine.

The Speedy Trial Act says a defendant's trial should begin within 70 days of his indictment or his initial appearance before a judicial officer.

The high court ruled that the time used to dispense with pretrial motions cannot be counted toward the Speedy Trial deadline, upholding the 6th U.S. Circuit Court of Appeals decision to throw out Tinklenberg's conviction.

The case is United States v. Tinklenberg, 09-1498.