This just in from the Supreme Court. The Sixth Amendment's Speedy Trial Clause does not apply to the time between conviction, via trial or guilty plea, and sentencing. Justice Ginsburg wrote the unanimous opinion. The Court noted that petitioner did not base his claim on the Due Process Clause and refused to speak to the issue of whether excessive delay between conviction and sentencing might run afoul of Due Process. The Court reserved the question of whether the Speedy Trial Clause may apply in the case of bifurcated procedures, in which facts that could enhance the prescribed sentencing range are determined during the sentencing phase. The Court also left open whether the Speedy Trial right reattaches upon renewed prosecution of a convicted defendant who has prevailed on appeal. Justice Sotomayor wrote a separate concurrence stating that "in the appropriate case" she would consider applying the Barker v. Wingo test to determine whether delay between conviction and sentencing ran afoul of Due Process. Justice Thomas, joined by Justice Alito, wrote separately to say that the Court should not prejudge the Due Process question, but should wait for a proper presentation, argument, and full briefing "before taking a position on this issue." The case is Betterman v. Montana.

(wisenberg)