Julia Monique Frias v. United States
SocialSecurity Securities Immigration
Whether a defendant's lost opportunity to seek a reduced state sentence under state law can constitute prejudice under Barker?
QUESTIONS PRESENTED In Barker v. Wingo, this Court established a four-part balancing test to determine whether a defendant’s Sixth Amendment speedy trial right has been violated. 407 U.S. 514 (1972). This case presents three questions regarding Barker's fourth prong, prejudice: I. Whether a defendant’s lost opportunity to seek a reduced state sentence under state law can constitute prejudice under Barker? II. Whether to show she suffered “anxiety and concern” (a form of prejudice expressly recognized in Barker), a defendant must simply introduce credible evidence to support that claim, or must instead, as the Tenth Circuit held below, show “some special harm which distinguishes her case” from that of any other arrestee awaiting trial? III. Whether the Tenth Circuit erred in concluding that a defendant cannot show prejudice from oppressive pretrial incarceration (another form of prejudice expressly recognized in Barker) if she is serving another jurisdiction’s sentence during the period of impermissible delay? i