Case Information. In February 1970 Barker petitioned for habeas corpus in the United States District Court for the Western District of Kentucky. 2. Plus Barker was out of custody during the delays. Whether a defendant must invoke the right to a speedy trial. No. 71-5255. Although the District Court rejected the petition without holding a hearing, the court granted petitioner leave to appeal in forma pauperis and a certificate of probable cause to appeal. That he had waited to assert until it was a strategic and self interested move. Held. With him on the brief were Norvie L. Lay and J. Chester Porter. 2182. He was gambling that if they could not convict Manning they would not be able to convict Barker. The Court decided that Barker asserted his right too late. Barker v. Wingo , 407 U.S. 514 (1972), was a United States Supreme Court case involving the Sixth Amendment to the U.S. Constitution , specifically the right of defendants in … CITATION CODES. Barker v. Commonwealth, 385 S.W.2d 671 (1964). Petitioner brought this action to have his conviction overturned when, after sixteen (16) continuances, over a five year period, he was finally tried and convicted for murder. 2d 101, 1972 U.S. LEXIS 34 (U.S. June 22, 1972) Brief Fact Summary. 407 U.S. 514 92 S.Ct. Robert W. Willmott, Jr., Assistant … Barker v. Wingo, 407 U.S. 514 (1972), 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. Barker v. Wingo: Case Citation: 407 US 514: Year: 1972: Facts: 1. Petitioner brought this action to have his conviction overturned when, after sixteen (16) continuances, over a five year period, he was finally tried … DOCKET NO. Barker v. Wingo, 407 U.S. 514, 92 S. Ct. 2182, 33 L. Ed. Issue. A case in which the United States Supreme Court held that determinations of whether or not the Sixth Amendment right to a speedy trial for defendants in criminal cases has been denied must be made on a case-by-case basis. 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. 2d 101, 1972 U.S. LEXIS 34 (U.S. June 22, 1972) Brief Fact Summary. It was just as good for Barker as it was for the Prosecution to have the delays. Barker v. Wingo, 407 U.S. 514, 92 S. Ct. 2182, 33 L. Ed. BARKER v. WINGO U.S. Supreme Court (22 Jun, 1972) 22 Jun, 1972; Subsequent References; Similar Judgments; BARKER v. WINGO. ATTORNEY(S) James E. Milliman argued the cause for petitioner pro hac vice. 3.