Whether the judge-made and ahistorical balancing test for assessing a deprivation of the Sixth Amendment's right to a speedy trial set out in Barker v. Wingo, 407 U.S. 514 (1972) should be overruled

QUESTIONS PRESENTED I. Whether the judge-made and ahistorical balancing test for assessing a deprivation of the Sixth Amendment’s right to a speedy trial set out in Barker v. Wingo, 407 U.S. 514 (1972) should be overruled. II. May a court penalize a defendant for asserting his constitutional right to exculpatory evidence by weighing resultant delays against him in determining whether his right to a speedy trial was violated? III. Must a defendant undergo exceptional and disfavored efforts to properly invoke his right to a speedy trial, such as by filing pro se motions, despite his representation by counsel?