John Terry v. Jack Duckworth and Linley E. Pearson

I regret that I cannot join the two learned and experienced appellate judges on this panel because, in my judgment, their reasoning is seriously flawed in numerous respects and the result is extremely unfair. Their analysis misapplies the substantive principles clearly stated in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1971) and Moore v. Arizona, 414 U.S. 25, 94 S.Ct. 188, 38 L.Ed.2d 183 (1973). Furthermore, in their factfinding the majority ignores the procedural requirements of Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963) and miscon: strues the…