The expression "Well, Duh!" has been out of vogue for many years, but every once in a while I wonder if we should bring it back.
The Sixth Amendment guarantees a right to a speedy trial. Does that guarantee apply after trial, or after a person has waived trial by pleading guilty? Of course not. "We hold that the guarantee protects the accused from arrest or indictment through trial, but does not apply once a defendant has been found guilty at trial or has pleaded guilty to criminal charges," Justice Ginsburg wrote for a unanimous court in Betterman v. Montana, No. 14-1457, announced this morning.
The opinion notes that other provisions of the Constitution may provide protection from inordinate delay between conviction and sentence. It certainly is unjust to hold a person longer pending sentencing than his sentence is likely to be. But Betterman's lawyer did not bring the claim under the Due Process Clause or anything other than the Speedy Trial Clause, so that issue is not in the case.
The Sixth Amendment guarantees a right to a speedy trial. Does that guarantee apply after trial, or after a person has waived trial by pleading guilty? Of course not. "We hold that the guarantee protects the accused from arrest or indictment through trial, but does not apply once a defendant has been found guilty at trial or has pleaded guilty to criminal charges," Justice Ginsburg wrote for a unanimous court in Betterman v. Montana, No. 14-1457, announced this morning.
The opinion notes that other provisions of the Constitution may provide protection from inordinate delay between conviction and sentence. It certainly is unjust to hold a person longer pending sentencing than his sentence is likely to be. But Betterman's lawyer did not bring the claim under the Due Process Clause or anything other than the Speedy Trial Clause, so that issue is not in the case.
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