betterman montana argued march decided may petitioner brandon betterman pleaded guilty bail jumping failing appear domestic assault charges jailed months awaiting sentence large part due institutional delay eventually sentenced seven years imprisonment four years suspended arguing gap conviction sentencing violated speedy trial right betterman appealed montana affirmed conviction sentence ruling sixth amendment speedy trial clause apply postconviction presentencing delay held sixth amendment speedy trial guarantee apply defendant found guilty trial pleaded guilty criminal charges pp criminal proceedings generally unfold three discrete phases first state investigates determine whether arrest charge suspect charged suspect presumed innocent conviction upon trial guilty plea conviction imposes sentence checks delay geared particular phase statutes limitations provide primary protection delay first stage suspect remains liberty due process clause safeguarding fundamentally unfair prosecutorial conduct lovasco speedy trial clause right attaches second phase begins upon defendant arrest formal accusation marion right detaches upon conviction second stage ends conviction accused shielded presumption innocence reed ross speedy trial clause implements minimizing likelihood lengthy incarceration trial lessening anxiety concern associated public accusation limiting effects long delay accused ability mount defense marion speedy trial clause thus loses force upon conviction reading comports historical understanding speedy trial right roots foundation english law heritage klopfer north carolina contemporaneous understanding sixth amendment language accused described status preceding convicted trial meant discrete episode judgment sentencing follow precedent aligns text history speedy trial clause see barker wingo right speedy trial arise prearrest marion adverse consequences postconviction delay outside purview speedy trial clause sole remedy violation speedy trial right dismissal charges fits preconviction focus clause unjustified windfall remedy sentencing delay vacating validly obtained convictions reading also finds support federal speedy trial act numerous state analogs impose time limits charging trial say nothing sentencing prevalence guilty pleas resulting scarcity trials today justice system bear protection heart speedy trial clause moreover central feature contemporary sentencing preparation review presentence investigation report requires amount wholly reasonable presentencing delay pp although constitution speedy trial right engaged sentencing phase statutes rules offer defendants recourse federal rule criminal procedure example directs courts impose sentence without unnecessary delay prearrest stage due process serves backstop exorbitant delay betterman advanced due process claim however expresses opinion might fare pliable standard pp mont affirmed ginsburg delivered opinion unanimous thomas filed concurring opinion alito joined sotomayor filed concurring opinion opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press brandon thomas betterman petitioner montana writ certiorari montana may justice ginsburg delivered opinion sixth amendment constitution provides criminal prosecutions accused shall enjoy right speedy public trial impartial jury sixth amendment speedy trial guarantee apply sentencing phase criminal prosecution sole question case presents hold guarantee protects accused arrest indictment trial apply defendant found guilty trial pleaded guilty criminal charges inordinate delay sentencing although speedy trial clause govern defendant may recourse including appropriate circumstances tailored relief due process clauses fifth fourteenth amendments petitioner brandon betterman however advanced sixth amendment speedy trial claim preserve due process challenge see tr oral arg therefore confine opinion sixth amendment challenge ordered appear domestic assault charges brandon betterman failed show therefore charged bail jumping mont pleading guilty charge jailed months awaiting sentence conviction holdup large part due institutional delay presentence report took nearly five months complete trial took several months deny two presentence motions one seeking dismissal charge ground delay slow setting sentencing hearing betterman eventually sentenced seven years imprisonment four years suspended arguing gap conviction sentencing violated speedy trial right betterman appealed montana affirmed conviction sentence ruling sixth amendment speedy trial clause apply postconviction presentencing delay granted certiorari resolve split among courts whether speedy trial clause applies holding clause apply delayed sentencing affirm montana judgment ii criminal proceedings generally unfold three discrete phases first state investigates determine whether arrest charge suspect charged suspect stands accused presumed innocent conviction upon trial guilty plea conviction imposes sentence checks delay throughout progression geared particular phase first stage arrest indictment suspect remains liberty statutes limitations provide primary protection delay due process clause safeguard fundamentally unfair prosecutorial conduct lovasco see due process clause may violated instance prosecutorial delay tactical reckless internal quotation marks omitted sixth amendment speedy trial clause homes second period arrest indictment conviction constitutional right precedent holds attach phase begins defendant arrested formally accused marion today hold right detaches upon conviction second stage prior conviction accused shielded presumption innocence bedrock axiomatic elementary principle whose enforcement lies foundation administration criminal law reed ross internal quotation marks omitted speedy trial clause implements presumption prevent ing undue oppressive incarceration prior trial minimiz ing anxiety concern accompanying public accusation limit ing possibilities long delay impair ability accused defend marion internal quotation marks omitted see also barker wingo measure protecting presumptively innocent speedy trial right like similarly aimed measures loses force upon conviction compare winship requiring proof beyond reasonable doubt every fact necessary constitute crime sentencing factors proved preponderance compare also bail presumptively available accused awaiting trial bail presumptively unavailable convicted awaiting sentence reading comports historical understanding speedy trial right observed roots foundation english law heritage first articulation modern jurisprudence appears made magna carta klopfer north carolina regarding framers comprehension right existed founding cited sir edward coke institutes laws england see nn coke wrote innocent shall worn wasted long imprisonment speedily come tria coke second part institutes laws england emphasis added reflecting concern presumptively innocent person languish unresolved charge speedy trial clause guarantees accused right speedy trial amdt emphasis added founding accused described status preceding convicted see blackstone commentaries laws england commenting process persons accused felony tried convicted emphasis added trial meant discrete episode judgment sentencing follow see consider next stage criminal prosecution trial conviction past judgment understanding sixth amendment language accused distinct convicted trial separate sentencing endures today see black law dictionary ed defining accused person arrested brought magistrate formally charged emphasis added fed rule crim proc governing sentencing judgment rule appears chapter procedures follows immediately separate chapter headed trial precedent aligns text history speedy trial clause detaining accused pretrial said disadvantages imposition especially unfortunate ultimately found innocent barker marion addressing major evils protected speedy trial guarantee observed arrest public act may seriously interfere defendant liberty whether free bail may disrupt employment drain financial resources curtail associations subject public obloquy create anxiety family friends acknowledged marion even stage right speedy trial arise passage time may impair memories cause evidence lost deprive defendant witnesses otherwise interfere ability defend nevertheless determined possibility prejudice trial sufficient reason wrench sixth amendment proper arrest charge triggered context adverse consequences postconviction delay though subject checks see infra similarly outside purview speedy trial sole remedy violation speedy trial right dismissal charges see strunk barker fits preconviction focus clause unjustified windfall cases remedy sentencing delay vacating validly obtained convictions betterman concedes dismissal remedy ordinarily order defendant convicted see tr oral arg cf bozza error passing sentence permit convicted defendant escape punishment altogether manner legislatures implemented speedy trial guarantee matches reading clause congress passed speedy trial act et give effect sixth amendment right macdonald quoting stringent provisions speedy trial act mooted much litigation requirements speedy trial clause loud hawk citation omitted certain exceptions act directs pain dismissal charges days pass arrest indictment days pass indictment trial act says nothing however period conviction sentencing suggesting congress regard period falling within sixth amendment compass numerous state analogs similarly impose precise time limits charging trial say nothing betterman asks us take account prevalence guilty pleas resulting scarcity trials today justice system see lafler cooper slip riminal justice today part system pleas system sentencing hearing largely replaced trial forum dispute resolution betterman urges therefore maintains concerns supporting right speedy trial recommend speedy sentencing hearing modern reality however bear protection heart speedy trial clause factual disputes sentencing go question guilt geared instead ascertaining proper sentence within boundaries set statutory minimums maximums moreover central feature contemporary sentencing federal state courts preparation probation office review parties presentence investigation report see fed rule crim proc lafave israel king kerr criminal procedure pp ed noting reliance presentence reports federal state courts aspect system requires amount wholly reasonable presentencing indeed many disputes resolved hearing rather process see demleitner berman miller wright sentencing law policy ed criminal justice far commonly negotiated adjudicated defendants attorneys often need concerned charging plea bargaining practices prosecutors presentence investigations probation offices sentencing procedures judges juries cf bierschbach bibas sentencing rev oday sentencing hearings explained third phase process conviction sentencing constitution speedy trial right mean however defendants lack protection undue delay stage primary safeguard comes statutes rules federal rule point directs impose sentence without unnecessary delay fed rule crim proc many provisions prescribe numerical time prearrest stage due process serves backstop exorbitant delay see supra conviction defendant due process right liberty diminished still present retains interest sentencing proceeding fundamentally fair betterman advanced due process claim see supra express opinion might fare pliable standard see course criminal prosecution composed discrete segments segment accusation conviction sixth amendment speedy trial clause protects presumptively innocent long enduring unresolved criminal charges sixth amendment speedy trial right however extend beyond conviction terminates presumption innocence judgment montana therefore affirmed thomas concurring brandon thomas betterman petitioner montana writ certiorari montana may justice thomas justice alito joins concurring agree sixth amendment speedy trial clause apply sentencing proceedings except perhaps bifurcated sentencing proceedings sentencing enhancements operate functional elements greater offense see ante also agree decision reserve judgment whether sentencing delays might violate due process clause ante brandon betterman counsel repeatedly disclaimed raising challenge due process clause see tr oral arg included include question presented honor advancing claim preserve due process challenge challenge solely sixth amendment never decided whether due process clause creates entitlement reasonably prompt sentencing hearing today opinion leaves us free decide proper analytical framework analyze claims issue properly us justice sotomayor suggests claims adopt factors announced barker wingo post concurring opinion prejudge matter factors listed barker may necessarily translate delayed sentencing context due process clause satisfied state adequate procedures redress improper deprivation liberty property see parratt taylor unusual cases trial courts fail sentence defendant within reasonable time state might fully satisfy due process making traditional extraordinary legal remedies mandamus available much like federal speedy trial act regulates trials see state might remedy improper sentencing delay person sleeps remedies betterman may simply right complain sentencing delayed await proper presentation full briefing argument taking position issue thus correctly express es opinion betterman might fare due process clause ante sotomayor concurring brandon thomas betterman petitioner montana writ certiorari montana may justice sotomayor concurring agree petitioner bring claim speedy trial clause delay guilty plea sentencing majority notes however defendant may recourse delay including appropriate circumstances tailored relief due process clauses fifth fourteenth amendments ante reason consider today appropriate test due process clause challenge petitioner forfeited claim see tr oral arg write separately emphasize question open one due process clause flexible calls procedural protections particular situation demands morrissey brewer thus uses different tests consider whether different kinds delay run afoul due process clause evaluating whether delay instituting judicial proceedings following civil forfeiture violated due process clause applied test barker wingo test applies violations speedy trial clause see barker test courts consider four factors length delay reason delay defendant assertion right prejudice defendant ibid none four factors either necessary sufficient one factor talismanic qualit barker montana use barker test evaluating petitioner due process clause claim mont seems barker factors capture many concerns posed sentencing delay context barker test flexible allow courts take account differences trial sentencing delays see majority circuits fact use barker test purpose see sanders collecting cases appropriate case thus consider correct test due process clause delayed sentencing challenge footnotes compare burkett cunningham ex parte apicella gonzales state alaska jolly state ark trotter state miss superseded statute grounds miss code ann commonwealth glass state leyva utah state dean speedy trial clause applies sentencing delay ray state drake iowa abrogated grounds state kaster iowa state pressley state johnson la mont case ball whyte speedy trial clause apply sentencing delay reserve question whether speedy trial clause applies bifurcated proceedings sentencing stage facts increase prescribed sentencing range determined capital cases eligibility death penalty hinges aggravating factor findings decide whether right reattaches upon renewed prosecution following defendant successful appeal enjoys presumption innocence betterman points founding sentence often imposed promptly rendition verdict brief petitioner invariably case convenience cause shown sentence postpone future day term bishop criminal procedure ed omitted see also chitty practical treatise criminal law sentence usually given immediately conviction may adjourn another day give mean convey provisions sixth amendment protecting interests presumption innocence inapplicable sentencing regard held right defense counsel extends postconviction proceedings see mempa rhay smith hooey betterman relies contrary concluded defendant though already convicted imprisoned one charge nevertheless right speedily brought trial unrelated charge reason believe explained smith outstanding untried charge even convict may course innocent fully depressive effect upon prisoner upon person large smith thus consistent comprehension speedy trial clause protective presumptively innocent betterman suggests appropriate remedy delay case reduction sentence months time conviction sentencing see tr oral arg read speedy trial clause however call flexible tailored remedy instead held violation right demands termination prosecution see alaska rule crim proc ark rules crim proc cal penal code ann west rev stat rules crim proc rule crim proc haw rule crim proc comp ch west ind rule crim proc iowa rule crim proc stat ann cum supp la code crim proc art west cum supp mass rule crim proc neb rev stat rev stat crim proc law ann west cum supp ohio rev code ann lexis rev stat rule crim proc codified laws cum supp code ann rule crim proc stat wyo rule crim proc federal prosecutions solicitor general informs us median time conviction sentencing days brief amicus curiae good part time doubt taken drafting review presentence report see fed rule crim proc detailing process true period defendant often incarcerated see bail presumptively unavailable convicted awaiting sentence postconviction incarceration considered punishment offense however defendant ordinarily earn credit period presentencing detention see campbell law sentencing pp ed state rediting statutes routinely provide period time person incarcerated relation given offense counted toward satisfaction resulting detention may occur local jail rather prison constitutional moment convicted defendant right serve sentence penal institution prefers see meachum fano see alaska rule crim proc rule crim proc del super crim rule rule crim proc haw rule penal proc stat ann cum supp rule crim proc la code crim proc art west rule crim proc mass rule crim proc rule mo sup rule mont code ann rev stat rule crim proc rule crim proc law ann west cum supp rule crim proc ohio rule crim proc super rule codified laws cum supp rule crim proc sup rule rule crim proc wyo rule crim proc see rule crim proc ark rule crim proc cal penal code ann west ind rule crim proc rule crim proc rev stat rule crim proc code ann utah rule crim proc rev code cum sentencing provisions separate state analogues speedy trial act see supra relevant considerations may include length reasons delay defendant diligence requesting expeditious sentencing prejudice footnotes montana law example secures right prompt sentencing hearing see mont code ann sentencing punishment must certain timely consistent verdict finding guilty sentence must pronounced judgment rendered within reasonable time shall conduct sentencing hearing without unreasonable delay