No. 23-6991

Spencer P. Peace v. Wisconsin

Lower Court: Wisconsin
Docketed: 2024-03-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: common-law constitutional-law constitutional-rights criminal-procedure due-process judicial-precedent sixth-amendment speedy-trial
Key Terms:
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2024-05-09
Question Presented (AI Summary)

Should this Court overturn Barker v. Wingo?

Question Presented (OCR Extract)

Question Presented For 800 years the English Common Law prohibited jailing a defendant for more than one year prior to their trial. Fifty years ago, this Court changed course and created a balancing test to determine if pretrial delay violated the constitution’s speedy trial guarantee. This balancing test has left the lower courts fractured, and the right to a speedy trial in shambles. Should this Court overturn Barker v. Wingo? 1

Docket Entries

2024-05-13
Petition DENIED.
2024-04-24
DISTRIBUTED for Conference of 5/9/2024.
2024-04-11
Waiver of right of respondent Wisconsin to respond filed.
2024-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2024)

Attorneys

Spencer P. Peace
Steven Sidney RoyLaw Office of Steven Roy, Petitioner
Steven Sidney RoyLaw Office of Steven Roy, Petitioner
Wisconsin
Kieran M O'DayWisconsin Dept. of Justice, Criminal Appeals Unit, Respondent
Kieran M O'DayWisconsin Dept. of Justice, Criminal Appeals Unit, Respondent