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Barker v. Wingo | 407 U.S. 514 (1972)

The Sixth Amendment to the United States Constitution guarantees a criminal defendant the right to a speedy trial. But what if the defendant doesn’t want a speedy trial? A lot can happen in a year, or two, or three. In Barker versus Wingo, the United States Supreme Court considered a defendant’s constitutional right to a speedy trial.

In September 1958, a Kentucky grand jury indicted Silas Manning and Willie Barker for murder. Barker’s trial was set for October 21st. The state, however, needed Manning’s testimony to convict Barker. The only way to prevent Manning from invoking his Fifth Amendment right against self-incrimination was to first convict him of the murders. So, the state obtained a continuance of Barker’s October 21st trial. The state received sixteen total continuances, most obtained because it took six trials to convict Manning of both murders. Barker didn’t object to the first eleven continuances. In response to the state’s twelfth motion for continuance, Barker filed a motion to dismiss the indictment. That motion was denied, and Barker didn’t object to the next two continuances. Manning was then convicted of both murders. Barker objected to the state’s fifteenth request for a continuance. The court denied the request and granted the continuance because the state’s chief investigating officer was sick. When the state sought its final continuance, Barker again moved to dismiss the indictment and, for the first time, claimed that his Sixth Amendment right to a speedy trial had been violated. The motion was denied. The trial court then convicted Barker.

The Kentucky Court of Appeals affirmed Barker’s conviction. Barker then petitioned the district court for habeas corpus relief, which was denied. The United States Court of Appeals for the Sixth Circuit affirmed the district court.

The United States Supreme Court granted cert.

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