Case Citator › Barker v. Wingo

Barker v. Wingo

Is it still good law? What later courts have actually done to this case.

Criticized by some courts
Court
Supreme Court of the United States
Citation
407 U.S. 514
Decided
Confirmed treatments
2
Flagged citations read
339 of 340
Citing cases (total)
12,020
Treatment dates
2016–2018
Criticized by some courts
At least one reviewed court has criticized this case’s reasoning. No reviewed court has overruled it. 339 of the 340 flagged citations for Barker v. Wingo were read; the text of the other citing opinion could not be retrieved, and 2 confirmed treatments are listed below. Betterman v. Montana limited Barker's Sixth Amendment framework to the period ending at conviction, and State v. Anders criticized its balancing test while acknowledging that it remained binding.
More on how this was screened

Oregon separately chose its own method under its state constitution. The other readable opinions applied Barker, described its own rejection of rigid or demand-waiver rules, addressed unrelated treatment language, or came from withdrawn, noncitable, or later-reversed opinions.

The treatments below are confirmed; unread citations could still change the overall status.
Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case, except the ones whose text could not be retrieved.

12,020 later cases cite Barker v. Wingo; 340 of those citations sat close to treatment language and were flagged for reading; 339 of them have been read, and the text of 1 citing opinion could not be retrieved, so it remains unread. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Barker v. Wingo?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The Supreme Court declined to extend Barker's Sixth Amendment speedy-trial framework beyond conviction to sentencing delay.

    Betterman v. Montana · Supreme Court of the United States · filed

    Today we hold that the right detaches upon conviction, when this second stage ends. ... The Speedy Trial Clause implements that presumption by "prevent[ing] undue and oppressive incarceration prior to trial, ... minimiz[ing] anxiety and concern accompanying public accusation [,] and ... limit[ing] the possibilities that long delay will impair the ability of an accused to defend himself." Marion, 404 U.S., at 320, 92 S.Ct. 455 (internal quotation marks omitted). See also Barker v. Wingo, 407 U.S. 514, 532-533, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972). As a measure protecting the presumptively innocent, the speedy trial right-like other similarly aimed measures-loses force upon conviction.
    Read the full opinion on CourtListener →

Criticized

  • The court criticized Barker's ad hoc balancing test for providing minimal guidance and producing inconsistent analyses and results, while acknowledging that it remained binding.

    State v. Anders · Ohio Fourth District Court of Appeals · filed

    Unfortunately, the Supreme Court’s formulation of the Barker test compels courts to approach these cases on an ad hoc basis. ... In promulgating its ad hoc balancing test in Barker, the Supreme Court gave minimal guidance to courts as to the relative weights to be assigned within and among the four elements. This minimal guidance has led to inconsistent analyses—straight-balancing and weighted-balancing—and results in resolving constitutional speedy-trial claims. ... Despite these flaws in the ad hoc balancing system, precedent from both the United States and Ohio Supreme Courts requires us to forge ahead.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

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