Barker v. Wingo

Barker v. Wingo
Supreme Court of the United States
Argued April 11, 1972 Decided June 22, 1972
Full case name	Willie Barker v. Wingo, Warden
Citations	407 U.S. 514 (more) 92 S. Ct. 2182, 33 L. Ed. 2d 101
Prior history	Certiorari to the United States Court of Appeals for the Sixth Circuit
Holding
Determinations of whether the Sixth Amendment right to a speedy trial has been violated must be done on a case-by-case basis.
Court membership
Case opinions
Majority	Powell, joined by unanimous court
Concurrence	White, joined by Brennan

Barker v. Wingo, 407 U.S. 514 (1972), was a United States Supreme Court case involving the Sixth Amendment to the U.S. Constitution, specifically the right of defendants in criminal cases to a speedy trial. The Court the held that determinations of whether or not the right to a speedy trial has been violated must be made on a case-by-case basis, and set forth four factors to be considered in the determination.

On July 20, 1958, an elderly couple in Christian County, Kentucky were murdered in their home by intruders, later identified as Willie Barker and Silas Manning.

Believing that the case against Manning was the stronger of the two, and that Manning's testimony was needed to convict Barker (in his own case, Manning exercised his right under the Fifth Amendment to not incriminate himself), the prosecution chose to try Manning first, hoping that once convicted, Manning would later voluntarily testify against Barker. At the outset of Manning's trial on October 23, 1958, the prosecution sought and obtained the first of what would be 16 continuances in Barker's trial.

The prosecution, however, encountered numerous difficulties in getting a conviction against Manning; it would not be until December 1962 that Manning would be convicted in the second of the two murders. As the Christian County Circuit Court only held three terms each year (in February, June, and September), for each term the prosecution would seek a continuance in the Barker case, until the beginning of the following term, while the Manning cases were ongoing.

Barker, through his counsel, did not object to any of the first eleven continuances. But on the 12th continuance (February 1962) Barker's counsel filed a motion to dismiss on speedy trial grounds, which was rejected. Barker's counsel did not object to the 13th or 14th continuances, but objected to the 15th continuance (March 1963 on the date of Barker's trial; the prosecution sought a continuance due to illness of the former sheriff, the chief investigating officer in the case) as well as the 16th continuance (June 1963, requested for the sheriff's continued illness; while granting the continuance the Circuit Court ruled that the matter had to come to trial at the next term or would be dismissed for lack of prosecution).