United States v. Spurlock, 3:23-cr-00022

Defendant Cory Spurlock was indicted on multiple serious federal charges, including murder-for-hire, drug trafficking, and related firearms and violent crimes.
He has been in continuous pretrial detention since May 16, 2023, with the trial originally set for April 22, 2025.
Shortly before trial, the government reversed its position and filed a notice to seek the death penalty, causing the trial to be continued and then vacated due to an interlocutory appeal after the court struck the death notice.
Spurlock has moved several times for pretrial release based on due process and speedy trial concerns related to prolonged detention stemming from government actions.
The Court examined three factors under the Ninth Circuit’s Torres framework: the length of pretrial detention, the prosecution’s contribution to delay, and the evidence supporting detention.
The latest order grants Spurlock's motion for release (stayed for 14 days for potential government appeal), finding the first two factors now overwhelmingly support a due process violation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether length of pretrial detention violates due process	Pretrial detention justified by gravity and complexity of charges; no due process violation yet	Detention now excessively prolonged due to government-caused delays	Length and indeterminate nature of detention now violate due process
Whether prosecution caused unjustified delay	Delays justified by serious charges and complex, multi-state investigation	Recent delays solely due to government’s last-minute death penalty notice and interlocutory appeal	Recent government actions are the direct and sole cause of new delays
Whether evidence supports continued detention	Strong evidence and serious charges warrant detention; flight risk and community danger cannot be mitigated	History, character, and family support weigh against detention; conditions could be fashioned	Evidence still favors detention, but outweighed by other Torres factors
Whether release order should be stayed	Immediate release not warranted; seek stay for appellate review	No explicit argument against stay in this order	Release granted but stayed for 14 days to allow government appeal

United States v. Torres, 995 F.3d 695 (9th Cir. 2021) (sets three-part test for due process violations in prolonged pretrial detention)
United States v. Salerno, 481 U.S. 739 (U.S. 1987) (establishes due process limits on pretrial detention)
United States v. Loud Hawk, 474 U.S. 302 (U.S. 1986) (addresses government appeals as justification for trial delays)
United States v. Townsend, 897 F.2d 989 (9th Cir. 1990) (pretrial release standards and flight risk when death penalty is possible)