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Barker v. Wingo

United States Supreme Court

407 U.S. 514 (1972)

Relevant factsFree

The state delayed Barker's (defendant) murder trial for over five years, seeking 16 continuances while it first tried and eventually convicted his co-defendant Manning across six trials, largely so Manning could testify against Barker. Barker did not object to most of these continuances, hoping Manning would be acquitted and the case against him would evaporate, but he objected to the twelfth and fifteenth continuance requests and moved to dismiss on speedy-trial grounds; both motions were denied, and he was eventually convicted. On habeas review, the Sixth Circuit found Barker had waived his speedy-trial right for the period before his first objection.

IssueFree

Whether a defendant's right to a speedy trial is violated when it appears he does not, in fact, want a speedy trial.

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