Betterman v. Montana
Issues
Does the Sixth Amendment’s Speedy Trial Clause apply to the sentencing phase of a criminal prosecution?
In this case, the Supreme Court will decide whether the delay between a criminal defendant’s guilty plea and sentencing violates the Speedy Trial Clause of the Sixth Amendment. Betterman argues that the fundamental nature of the Speedy Trial Clause, as well as the Supreme Court’s precedent, supports applying the clause to delays in a defendant’s sentencing. Montana counters that the Speedy Trial Clause was never intended to apply to sentencing and that the Supreme Court’s precedent supports this position. The outcome of this case could affect the ability of convicted defendants to mount an adequate defense at sentencing.
Questions as Framed for the Court by the Parties
Does the Sixth Amendment’s Speedy Trial Clause apply to the sentencing phase of a criminal prosecution, protecting a criminal defendant from inordinate delay in the final disposition of his case?
In December of 2011, petitioner Brandon Thomas Betterman failed to comply with two court orders to appear pursuant to charges of felony domestic assault. See State v. Betterman, 342 P.3d 971, 973 (Mont.
Edited by
Additional Resources
- Dan McCue, SCOTUS to Consider Sentencing Rights, Courthouse News Service (Dec. 7, 2015).
- Douglas A. Berman, Supreme Court takes up Montana case to resolve applicability of Sixth Amendment speedy trial right to sentencing, Sentencing Law and Policy (Dec. 6, 2015).