Barker v. Wingo
United States Supreme Court
407 U.S. 514 (1972)
Two suspects were arrested for killing an older couple. The state had a stronger case against Manning so it planned to try Manning first so that he would then testify at Barker’s (defendant) trial. The state encountered many problems with Manning’s trial. After six trials and four years, Manning was finally convicted of both murders. During this time, the state continued to request continuances in Barker’s trial. In all, it made 16 such requests. Upon the state’s twelfth request, Barker filed a motion to dismiss the indictment but his motion was denied and the continuance was granted. Barker then objected to the state’s fifteenth request for a continuance. By this time, Manning’s trials were over but the request was denied and the continuance granted because the state’s chief investigating officer was sick. The witness was still unable to testify when the new trial date came around so an additional continuance was granted. Barker again requested that the indictment be dismissed, specifying that his right to a speedy trial had been violated. His motion was denied. Finally the trial commenced and Barker was convicted. The state court of appeals affirmed the conviction. Barker petitioned the Sixth Circuit Court of Appeals for habeas corpus but the court ruled that he had waived his right to a speedy trial for the entire period before he objected to the state’s fifteenth request for a continuance. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Powell, J.)
Concurrence (White, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 154,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,500 briefs, keyed to 184 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.