Legal Opinion

Betterman v. Montana

Supreme Court of the United States

Decided May 19, 2016No. 14–1457PublishedCited by 152 opinions

1Opinion of the CourtJustice Ginsburg

The Sixth Amendment to the U.S. Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury...." Does the Sixth Amendment's speedy trial guarantee apply to the sentencing phase of a criminal prosecution? That is the sole question this case presents. We hold that the 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…

Also in this document: Concurrence.

2Cases cited35 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. Parratt v. TaylorSupreme Court of the United States · 1981
  4. Meachum v. FanoSupreme Court of the United States · 1976
  5. United States v. MarionSupreme Court of the United States · 1971

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3Cited by152 opinions

  1. United States v. HaymondSupreme Court of the United States · 2019
  2. United States v. Frank RichardsonCourt of Appeals for the Sixth Circuit · 2020
  3. United States v. Paul Torres, IIICourt of Appeals for the Ninth Circuit · 2021
  4. United States v. Dylann RoofCourt of Appeals for the Fourth Circuit · 2021
  5. Trump v. United StatesSupreme Court of the United States · 2024

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