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 Mr. Muhtorov joins in two questions presented in the separately filed petition for certiorari of his co-defendant Bakhtiyor Jumaev, which are: 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? i