BRANDON THOMAS BETTERMAN, PETITIONER v. MONTANA
Supreme Court of the United States, Ginsburg, May 19, 2016,
Speedy Trial – The 6th Amendment right to a speedy trial “does not apply once a defendant has been found guilty at trial or has pleaded guilty to criminal charges.”

(Concur – Thomas and Alito- any relevant “due process” factors will be decided in the future; specifically not addressed here)
(Concur – Sotomayor- Barker test should be used in due process analysis of post-conviction sentencing delay)

Addressing the split:
CA3, CA5, Alabama, Alaska, Arkansas, Mississippi, Pennsylvania, Utah, Vermont
vs
CA2, Iowa, Kansas, Louisiana, Montana, West Virginia

Breaking down the checks on delay as follows:
Pre-arrest/indictment: Statute of Limitations + Due Process
Arrest/Indictment: Speedy Trial
Post-Conviction: Due Process

The Court’s opinion specifically left open the question of what factors would be involved in a due process analysis, though both concurring opinions decided to address the issue.