Bass, Berry & Sims attorney Eli Richardson provided comment to Law360 for an article outlining the impact of the Betterman v. Montana decision, in which the Supreme Court ruled the Sixth Amendment right to a speedy trial does not apply to the sentencing phase of criminal proceedings. As Eli points out in the article,
Betterman represents a welcome resolution of a split among lower courts as to whether the Speedy Trial Clause applies to the timing of sentencings. In answering the question with a resounding 'no,' the court relied on straightforward and uncontroversial (albeit disputable) arguments. Thus, Betterman delivers no big surprise in its result or its reasoning. Perhaps its legacy will be its concurrences, which suggest that future complaints about delays in sentencing be brought as due process claims. This makes sense, as the Due Process Clause has the flexibility, which is simply lacking in the Speedy Trial Clause, to apply to sentencings.
The full article, "Attorneys React To High Court's Speedy Trial Ruling," was published by Law360 on May 19, 2016, and is available online.