This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to David L. McColgin (Petitioner), according to David L. McColgin (Petitioner), johnnie Corley (petitioner) challenges the United States (respondent) over the admissibility of two confessions obtained after FBI agents delayed presenting him to a federal magistrate judge.
According to David L. McColgin (Petitioner), according to David L. McColgin (Petitioner), the case turns on the interpretation of 18 U.S.C. § 3501(c) and whether it incorporates the McNabb‑Mallory rule and the requirement of prompt presentment.
Background and question before the Court
According to David L. McColgin (Petitioner), according to David L. McColgin (Petitioner), fBI agents delayed presenting Mr. Corley to a federal magistrate judge in order to obtain his two confessions, raising the issue of whether the delay makes the confessions inadmissible.
According to Justice Alito, the Court asked whether the language in subsection (c) codifies the McNabb‑Mallory rule.
What each side argues
Petitioner (Johnnie Corley)
According to Petitioner, the delay was purposeful, and Congress left the McNabb‑Mallory rule in place to address such flagrant conduct.
According to David L. McColgin (Petitioner), according to David L. McColgin (Petitioner), the statutory language uses the phrase “time limitation,” which depends on the McNabb‑Mallory rule to create that limitation.
According to David L. McColgin (Petitioner), according to David L. McColgin (Petitioner), fBI agents delayed presenting Mr. Corley to obtain his confessions, raising the admissibility issue.
Respondent (United States)
According to Government, rule 403, together with Rule 16’s discovery obligations, provides the basis for an exclusionary rule concerning delayed confessions.
According to Government, the statute was written to make clear that McNabb‑Mallory shall not operate in the six‑hour period after arrest and before presentment.
What happened at oral argument
Justice Alito asked whether the language in subsection (c) codifies the McNabb‑Mallory rule.
Justice Kennedy asked whether the McNabb‑Mallory rule serves purposes beyond ensuring voluntariness of a statement.
According to Justice Scalia, justice Scalia remarked that the delay was a “very back‑door way” of obtaining confessions.
Justice Souter asked why a special rule for transportation was appropriate.
Justice Scalia asked whether the delay itself should be a disincentive affecting voluntariness.
Justice Scalia asked whether punishment for excessive delay should apply only when there has been a confession.
Justice Souter asked why Congress needed subsection (c) at all.
Justice Breyer asked why (a) should be interpreted to set aside other provisions and overturn McNabb‑Mallory.
Justice Alito asked whether the Court is familiar with cases where a confession has been excluded under Rule 403.
Justice Souter asked why the statute did not say that inadmissibility shall not be found solely because of delay.
- [1] 66de257bdc2af0ed58d9-r1-ad4c562a05d7e3e8.pdf, p. 5
- [2] 66de257bdc2af0ed58d9-r1-ad4c562a05d7e3e8.pdf, p. 14
- [3] 66de257bdc2af0ed58d9-r1-ad4c562a05d7e3e8.pdf, p. 20
- [4] 66de257bdc2af0ed58d9-r1-ad4c562a05d7e3e8.pdf, p. 21
- [5] 66de257bdc2af0ed58d9-r1-ad4c562a05d7e3e8.pdf, p. 27
- [6] 66de257bdc2af0ed58d9-r1-ad4c562a05d7e3e8.pdf, p. 29
- [7] 66de257bdc2af0ed58d9-r1-ad4c562a05d7e3e8.pdf, p. 33
- [8] 66de257bdc2af0ed58d9-r1-ad4c562a05d7e3e8.pdf, p. 37
- [9] 66de257bdc2af0ed58d9-r1-ad4c562a05d7e3e8.pdf, p. 38
- [10] 66de257bdc2af0ed58d9-r1-ad4c562a05d7e3e8.pdf, p. 42
What the Court decided
Why it matters
How the Court interprets subsection (c) will determine whether confessions obtained after a delay are admissible, affecting defendants’ constitutional rights and the government’s ability to use such statements.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 66de257bdc2af0ed58d9-r1-ad4c562a05d7e3e8.pdforal argument transcript
Guide generated September 22, 2026. Automated validation accepted this version.