5/23/16 In a unanimous opinion issued on May 19, 2016, the United States Supreme Court held that a criminal defendant’s Sixth Amendment Right to a Speedy Trial does not apply to the sentencing phase of the proceedings.
In Betterman v. Montana, No. 14–1457, the defendant plead guilty in Montana state court to the offense of Bail Jumping. Because of institutional delays and sentencing motions, the sentencing did not take place until 14 months after he had plead guilty. The defendant contended that the Sixth Amendment Right to Speedy Trial applies to all stages of the proceedings, including sentencing. He made several arguments in support of his position including that he was emotionally effected by the delay and as such his rehabilitation process had also been adversely affected. The defendant suggested as a remedy for the violation of the Speedy Trial Right that his sentence be reduced by the period of the delay.
In a unanimous decision issued by Justice Ginsburg the court held the Sixth Amendment Right to Speedy Trial detaches upon conviction, which for this purpose means a finding of guilty. The court noted that the Right to Speedy Trial began with the Magna Carta and is meant to protect the accused from unreasonable delay. The court noted several examples where the Right has been described as applying to the innocent or accused but has not been described as applying to the convicted. The court also noted the only remedy for a Sixth Amendment Speedy Trial Right violation is a dismissal, which if applied to a sentencing delay as the defendant was requesting, would create a windfall for a convicted person.
The court noted the defendant did not argue that the Fourteenth Amendment Due Process Clause applied to this type of violation, which leaves open the possibility that another similarly-situated defendant may be entitled to some type of relief under the Fourteenth Amendment.
The case is described in a New York Times article at:
The case decision may be found at:
http://www.supremecourt.gov/opinions/15pdf/14-1457_21o2.pdf
Oral arguments made in the case can be listened to at:
http://www.supremecourt.gov/oral_arguments/audio/2015/14-1457
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