Willie Crockett v. State of Florida

I respectfully dissent because this case turns on weighing the evidence under the four factors of Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), and this weighing process is a core function of a trier of fact that should be left to the trial court’s sound discretion, reviewable only for abuse of that discretion. Barker itself, although not expressly setting forth an appellate standard of review, speaks in terms of the wisdom of allowing the trial court discretion to weigh the factors of each case. Id. at 528-29, 92 S.Ct. 2182 (noting ad-hoc weighing of each case “allows…