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''Barker v. Wingo'', , was a case in which the United States Supreme Court held that determinations of whether or not the Sixth Amendment right to a speedy trial for defendants in criminal cases has been violated must be made on a case-by-case basis, and set forth four factors to be considered in the determination. ==The facts and trial== On July 20, 1958, an elderly couple in Christian County, Kentucky were murdered in their home by intruders, later identified as Willie Barker and Silas Manning. Believing that the case against Manning was the stronger of the two, and that Manning's testimony was needed to convict Barker (in his own case, Manning exercised his right under the Fifth Amendment to not incriminate himself), the prosecution chose to try Manning first, hoping that once convicted, Manning would later voluntarily testify against Barker. At the outset of Manning's trial on October 23, 1958, the prosecution sought and obtained the first of what would be 16 continuances in Barker's trial. The prosecution, however, encountered numerous difficulties in getting a conviction against Manning;〔It would take a total of ''six'' trials before Manning was convicted of both murders. The first and fourth trials ended in a hung jury. The second trial resulted in a conviction but was overturned on grounds of illegally-obtained evidence. The third trial also resulted in a conviction but was overturned on grounds of failure to allow a change of venue. The fifth and sixth trials resulted in murder convictions which Manning chose not to appeal.〕 it would not be until December 1962 that Manning would be convicted in the second of the two murders. As the Christian County Circuit Court only held three terms each year (in February, June, and September), for each term the prosecution would seek a continuance in the Barker case while the Manning cases were ongoing, until the beginning of the following term.〔Continuances were granted in the Barker case in October 1958 (#1), February 1959 (#2, in an exception to the pattern this continuance was granted for one month only), March 1959 (#3), June 1959 (#4), September 1959 (#5), February 1960 (#6), June 1960 (#7), September 1960 (#8), February 1961 (#9), June 1961 (#10), September 1961 (#11), February 1962 (#12), June 1962 (#13), September 1962 (#14), March 1963 (at the beginning of the Court's term in February 1963, the prosecution moved to set the trial date for March 19 of that year, but when that date arrived the prosecution requested and was granted Continuance #15), and June 1963 (#16).〕 Barker, through his counsel, did not object to any of the first eleven continuances. But on the 12th continuance (February 1962) Barker's counsel filed a motion to dismiss on speedy trial grounds, which was rejected. Barker's counsel did not object to the 13th or 14th continuances, but objected to the 15th continuance (March 1963 on the date of Barker's trial; the prosecution sought a continuance due to illness of the former sheriff, the chief investigating officer in the case) as well as the 16th continuance (June 1963, requested for the sheriff's continued illness; while granting the continuance the Circuit Court ruled that the matter had to come to trial at the next term or would be dismissed for lack of prosecution). The final trial date was set for October 9, 1963 and on that date, after Barker's counsel made an unsuccessful motion to dismiss on speedy trial grounds, the trial was finally commenced; with Manning the chief prosecution witness, Barker was convicted and given a life sentence. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Barker v. Wingo」の詳細全文を読む スポンサード リンク
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