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Criminal Procedure keyed to Kamisar
Barker v. Wingo
Citation:
407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972)Facts
Barker (defendant), along with Manning, was indicted for beating an elderly couple to death. The government had a stronger case against Manning, and believed it would not be able to convict Barker without Manning’s testimony, so it sought and obtained continuances in Barker’s trial until Manning was finally convicted. Barker made no objection to the first 11 continuances. He was initially held in jail but later released on bond until trial. After the government’s 12th motion to continue, Barker filed a motion to dismiss the indictment, which the court denied. Barker objected to the government’s later motions to continue due to the illness of one of its witnesses. On the date scheduled for trial, Barker moved to dismiss the indictment again on the ground that his right to a speedy trial had been violated. The motion was denied, and Barker was convicted.
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