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19-607: Wingo may refer to: Barker v. Wingo , a United States Supreme Court case Wingo (airline) , a low-cost airline based in Colombia, subsidiary of Copa Airline of Panama Wingo Anderson (1886–1950), an American baseball pitcher Wingo Branch , a stream in Mississippi Wingo, California , a ghost town located in Sonoma County, California Wingo ( Cars ) ,

38-750: A habeas corpus petition in the United States District Court for the Western District of Kentucky . Though the District Court denied the petition, it granted Barker the right to proceed in forma pauperis and a certificate of probable cause to appeal. The United States Court of Appeals for the Sixth Circuit affirmed the District Court's decision in 1971. The Sixth Circuit argued that Barker had waived any speedy trial claims up through February 1963 (which

57-468: A writ of certiorari in 1972. The Supreme Court first noted that "[t]he right to a speedy trial is generically different from any of the other rights enshrined in the Constitution for the protection of the accused" for three reasons: The Court then noted that there were two competing approaches as to how to handle the uncertainty regarding "how long is too long"; neither of which it accepted: As

76-470: A balancing test, the Court adopted four factors to be considered in determining, on a case-by-case basis, whether a defendant has been prejudiced by the lack of a speedy trial: Taking these factors into consideration, though, Barker's conviction was upheld. The court agreed that the period of time between initial arrest and trial – over five years – was "extraordinary" and that only seven months of

95-683: A character in the 2006 animated film Cars Wingo, Kentucky , a city in Graves County, Kentucky Wingo (saying) , a term of excitement used by Dale Gribble in King of the Hill Wingo (shooting) a short-lived shotgun shooting sport from the 1970s. Wingo (surname) Wingo xprs , a small airline company in Finland Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with

114-526: A continuance in the Barker case, until the beginning of the following term, while the Manning cases were ongoing. Barker, through his counsel, did not object to any of the first eleven continuances. But on the 12th continuance (February 1962) Barker's counsel filed a motion to dismiss on speedy trial grounds, which was rejected. Barker's counsel did not object to the 13th or 14th continuances, but objected to

133-694: Is chosen to author the majority opinion for each panel in a particular case. The Kentucky Court of Appeals has a headquarters building and courtroom in Frankfort , the state capital, but unlike the Kentucky Supreme Court, the three-judge panels of the Kentucky Court of Appeals frequently hear cases in courthouses all over Kentucky. The Kentucky Court of Appeals hears appeals from the Kentucky Circuit Courts , with

152-517: The 15th continuance (March 1963 on the date of Barker's trial; the prosecution sought a continuance due to illness of the former sheriff, the chief investigating officer in the case) as well as the 16th continuance (June 1963, requested for the sheriff's continued illness; while granting the continuance the Circuit Court ruled that the matter had to come to trial at the next term or would be dismissed for lack of prosecution). The final trial date

171-431: The Sixth Circuit erroneously believed was the first date that Barker's counsel objected to a further continuance) and that the eight-month period between February and October 1963 (the period between the objection and the actual trial) was not unduly long. Further, the Sixth Circuit ruled that granting a continuance based on the sheriff's illness was a justifiable reason for a delay. The United States Supreme Court granted

190-497: The case against Manning was the stronger of the two, and that Manning's testimony was needed to convict Barker (in his own case, Manning exercised his right under the Fifth Amendment to not incriminate himself), the prosecution chose to try Manning first, hoping that once convicted, Manning would later voluntarily testify against Barker. At the outset of Manning's trial on October 23, 1958, the prosecution sought and obtained

209-566: The delay was justifiable (the period of the ex-sheriff's illness). However, the Court also ruled that Barker was not prejudiced by the delay, since none of Barker's witnesses were harmed by the delay. More importantly, the Court determined that Barker did not want a speedy trial (a fact that Barker's counsel conceded at oral argument). The Court speculated that Barker's reason was his gambling on Manning's acquittal (the evidence against Manning not being strong as evidenced by two hung juries and two appellate court reversals), believing that if Manning

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228-471: The exception of criminal cases involving sentences of death , life imprisonment , or imprisonment of twenty years or more, in which appeals are taken directly to the Kentucky Supreme Court. In addition, original actions may be filed with the Kentucky Court of Appeals in certain situations. Prior to the 1975 constitutional amendment the Clerk of the Court of Appeals was an elected position. This elected position

247-556: The first of what would be 16 continuances in Barker's trial. The prosecution, however, encountered numerous difficulties in getting a conviction against Manning; it would not be until December 1962 that Manning would be convicted in the second of the two murders. As the Christian County Circuit Court only held three terms each year (in February, June, and September), for each term the prosecution would seek

266-521: The seven districts which elect the seven justices of the Supreme Court of Kentucky. The 14 judges select one colleague to serve as chief judge for a four-year term. The chief judge assigns judges and cases to panels. The current chief judge is Larry E. Thompson. The court usually sits in three judge panels. Membership of the panels rotate so that all judges sit on at least one panel with each of their colleagues in any given year. Usually one judge

285-486: The title Wingo . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Wingo&oldid=1110555930 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Barker v. Wingo Barker v. Wingo , 407 U.S. 514 (1972),

304-691: Was a United States Supreme Court case involving the Sixth Amendment to the U.S. Constitution , specifically the right of defendants in criminal cases to a speedy trial . The Court held that determinations of whether or not the right to a speedy trial has been violated must be made on a case-by-case basis, and set forth four factors to be considered in the determination. On July 20, 1958, an elderly couple in Christian County, Kentucky were murdered in their home by intruders, later identified as Willie Barker and Silas Manning. Believing that

323-438: Was a justifiable reason). Justice White, joined by Justice Brennan, concurred in the verdict, and specifically commented that an overcrowded docket would not be a reasonable basis for a delay. Kentucky Court of Appeals The Court of Appeals has 14 members. Two members are elected from each of seven districts and serve eight-year terms of office. The Kentucky Court of Appeals judges are elected from districts that mirror

342-542: Was acquitted, he would never be tried (which Barker's counsel also conceded at oral argument). The Court further noted that, after Barker's counsel objected to the February 1962 continuance, he did not object to the June or September 1962 continuances; only in March 1963, after Manning's convictions became final, were objections raised to further continuances (this time brought about by the ex-sheriff's illness, which Barker conceded

361-469: Was set for October 9, 1963 and on that date, after Barker's counsel made another unsuccessful motion to dismiss on speedy trial grounds, the trial was finally commenced; with Manning the chief prosecution witness, Barker was convicted and given a life sentence. Barker appealed his conviction on speedy trial grounds to the Kentucky Court of Appeals , which affirmed it in 1964. In 1970 Barker filed

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