Betterman v. Montana
Brief Details
- Case No.: 14-1457
- Brief Filed: January 26, 2016
- Jurisdiction: United States Supreme Court
Key Topics in the Brief
Briefs
Prior Decision
Decision below State v. Betterman, 378 Mont. 182 (Feb. 10, 2015).
Argument(s)
Guilt-determination and sentencing historically were inseparable and speedy trial protections apply to both. The interests set forth in Barker require protection at sentencing. Extended pre-sentence incarceration is oppressive. Delays in the sentencing phases of a trial exacerbate anxiety and concern. Delays in the sentencing phase of trial impair defendants' abilities to exercise their legal rights with the courts. The Due Process Clause insufficiently protects the rights guaranteed by the speedy trial provision of the Sixth Amendment.
Author(s)
Mark E. Haddad, Collin P. Wedel, and Rachel R. Goldberg, Sidley Austin LLP, Los Angeles, CA; Jeffrey L. Fisher, NACDL, Stanford, CA.
