United States v. Battis

OPINION OF THE COURT

RENDELL, Circuit Judge.

The Sixth Amendment to the Constitution states that, “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” Germaine Battis urges that this right was violated when forty-five months elapsed between his indictment and trial. The District Court reasoned through the four-factor test established by the Supreme Court in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), and concluded that there was no constitutional violation. On appeal, weighing these four factors anew, we reach a different…