U.S. Supreme Ct - May 19, 2016

by: Aalvarez • May 29, 2016 • no comments

The Sixth Amendment right to a speedy trial does not apply once a defendant has been convicted but is awaiting sentencing

Here, after pleading guilty to a charge of bail jumping, the defendant was in custody for 14 months awaiting sentencing. The defendant argued that the 14 month gap violated his speedy trial rights under the Sixth Amendment. The U.S. Supreme Court, resolving a circuit court split on the issue, disagreed, stating: "[T]he guarantee protects the accused from arrest or indictment through trial, but does not apply once a defendant has been found guilty at trial or has pleaded guilty to criminal charges. For inordinate delay in sentencing, although the Speedy Trial Clause does not govern, a defendant may have other recourse, including, in appropriate circumstances, tailored relief under the Due Process Clauses of the Fifth and Fourteenth Amendments."

Thus, although there was no chance for relief under the speedy trial clause, the Supreme Court suggested, without deciding, that such a delay might violate the defendant's Due Process rights. Further, the Court also did not decide whether the speedy trial clause "applies to bifurcated proceedings in which, at the sentencing stage, facts that could increase the prescribed sentencing range are determined (e.g., capital cases in which eligibility for the death penalty hinges on aggravating factor findings)." It also left open the question of whether the right to a speedy trial "reattaches upon renewed prosecution following a defendant's successful appeal, when he again enjoys the presumption of innocence." Betterman v. Montana

For more, check out the Atlantic's take here and the Slate's take here.