Wayne Paul Burkett, K-8595 v. Thomas A. Fulcomer, Superintendent, Answering Blair County District Attorney. Wayne Paul Burkett

OPINION OF THE COURT

MANSMANN, Circuit Judge.

Once again the saturated dockets and the apparent strain on judicial resources in Blair County, Pennsylvania, give cause for us to examine whether a state prisoner’s constitutional rights to a speedy trial and due process of law have been violated by delays in post-conviction proceedings.1 Applying the test set forth by the Supreme Court in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), to evaluate whether delays in the criminal justice system rise to the level of a constitutional deprivation, we find that the petitioner has…