The Supreme Court applied the Sixth Amendment’s promise of a speedy trial to the states through the Fourteenth Amendment’s due process clause under the incorporation doctrine.
Klopfer had been indicted by North Carolina for criminal trespass for taking part in a sit-in demonstration in a restaurant. At Klopfer’s trial, the jury failed to reach an agreement, and the judge declared a mistrial. This meant the state could retry Klopfer, but the state prosecutor elected to persuade a court to delay the trial indefinitely. Klopfer sued and appealed in all relevant North Carolina courts without success. Finally he appealed to the Supreme Court, which ruled against North Carolina. The 6-3 majority opinion, written by Chief Justice Earl Warren,
Barker v. Wingo
Due process, procedural
Jury, trial by