Barker analysis in District of Columbia

13 District of Columbia opinions name it 1 courts 1977–2012 0 in the last five years

The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

Case	Followed	Cited
Parks v. United Statesgreen dc · 1982 · cited in 2 District of Columbia opinions naming this issue, 1983–1984 2 sentences 1983Conversely, “neutral” or “institutional” delays, while chargeable to the government, typically have been afforded less weight in the Barker analysis, Parks v. United States, 451 A.2d 591, 601 (D.C.1982), cert. denied, - U.S. -, 103 S.Ct. 2123 , 77 L.Ed.2d 1303 (1983), and “may be easily outweighed by an inadequate assertion of the speedy trial right or a low threshold of prejudice.” Bethea v. United States, supra, 395 A.2d at 791 . 1983Conversely, “neutral” or “institutional” delays, while chargeable to the government, typically have been afforded less weight in the Barker analysis, Parks v. United States, 451 A.2d 591, 601 (D.C.1982), cert. denied, - U.S. -, 103 S.Ct. 2123 , 77 L.Ed.2d 1303 (1983), and “may be easily outweighed by an inadequate assertion of the speedy trial right or a low threshold of prejudice.” Bethea v. United States, supra, 395 A.2d at 791 .	2	2
Reid v. United Statesgreen dc · 1979 · cited in 1 District of Columbia opinions naming this issue, 2012–2012 2 sentences 2012Reid v. United States, 402 A.2d 835, 837 (D.C.1979). 2012Reid v. United States, 402 A.2d 835, 837 (D.C.1979).	1	1
United States v. Donaldsongreen dc · 1982 · cited in 1 District of Columbia opinions naming this issue, 1995–1995 2 sentences 1995Therefore, a record which might have included an analysis of Barker factors, including the customary periods within which similar cases might reasonably be expected to be prosecuted, is not available. [16] D.C.Code § 16-2307(a)(1) provides that the Corporation Counsel, following consultation with the Director of Social Services, may request the transfer of a child who was fifteen years or more at the time of the charged conduct for criminal prosecution. [17] To prevail on a claim based upon trial delay, the accused "must demonstrate that the pretrial delay caused a substantial prejudice to his 1995Therefore, a record which might have included an analysis of Barker factors, including the customary periods within which similar cases might reasonably be expected to be prosecuted, is not available. [16] D.C.Code § 16-2307(a)(1) provides that the Corporation Counsel, following consultation with the Director of Social Services, may request the transfer of a child who was fifteen years or more at the time of the charged conduct for criminal prosecution. [17] To prevail on a claim based upon trial delay, the accused "must demonstrate that the pretrial delay caused a substantial prejudice to his	1	1
Adams v. United Statesgreen dc · 1983 · cited in 1 District of Columbia opinions naming this issue, 1984–1984 2 sentences 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 . 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 .	1	1
Perkins v. United Statesgreen dc · 1984 · cited in 1 District of Columbia opinions naming this issue, 1984–1984 2 sentences 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 . 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 .	1	1
Howard v. United Statesgreen dc · 1984 · cited in 1 District of Columbia opinions naming this issue, 1984–1984 2 sentences 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 . 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 .	1	1
Coles v. United Statesgreen dc · 1982 · cited in 1 District of Columbia opinions naming this issue, 1984–1984 2 sentences 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 . 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 .	1	1
Head v. United Statesgreen dc · 1982 · cited in 1 District of Columbia opinions naming this issue, 1984–1984 2 sentences 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 . 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 .	1	1
Reese v. United Statesgreen dc · 1983 · cited in 1 District of Columbia opinions naming this issue, 1984–1984 2 sentences 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 . 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 .	1	1
Bowman v. United Statesgreen dc · 1978 · cited in 1 District of Columbia opinions naming this issue, 1983–1983 1 sentence 1983Bowman v. United States, 385 A.2d 28, 30 (D.C.1978).	1	1
Bean v. United Statesgreen dc · 1979 · cited in 1 District of Columbia opinions naming this issue, 1982–1982 2 sentences 1982Bean v. United States, D.C.App., 409 A.2d 1064, 1066 (1979). 1982Bean v. United States, D.C.App., 409 A.2d 1064, 1066 (1979).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway.

Also cited on this issue (13)

Case	Cited	Years
Barker v. Wingo green scotus · 1972 2 sentences 1987We also readily acknowledge that the Barker factors have “no ‘talismanic’ qualities.” Barker, supra, 407 U.S. at 533 , 92 S.Ct. at 2193 . 1987We also readily acknowledge that the Barker factors have “no ‘talismanic’ qualities.” Barker, supra, 407 U.S. at 533 , 92 S.Ct. at 2193 .	8	1977–2005
Dickerson v. United States green dc · 1994 2 sentences 2006Dickerson, 650 A.2d at 686 . 2006Dickerson, 650 A.2d at 686 .	1	2006–2006
United States v. Tommy Roberts green ca2 · 1975 2 sentences 1994Id. 1994Id.	1	1994–1994
Tribble v. United States green dc · 1982 2 sentences 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 . 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 .	1	1984–1984
Taylor v. United States green dc · 1983 2 sentences 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 . 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 .	1	1984–1984
Miller v. United States green dc · 1984 2 sentences 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 . 1984Miller v. United States, supra, 479 A.2d 862 (D.C.1984); Perkins v. United States, 473 A.2d 841, 843 (D.C.1984); Howard v. United States, 473 A.2d 835, 840-41 (D.C.1984); Taylor, supra, 471 A.2d at 1001 ; Reese, supra, 467 A.2d at 158; Adams v. United States, 466 A.2d 439, 444 (D.C.1983); Coles v. United States, 452 A.2d 1190, 1192 (D.C.1982) (per curiam); Head, supra, 451 A.2d at 620; Parks, supra, 451 A.2d at 600; Tribble, supra, 447 A.2d at 768 .	1	1984–1984
United States v. Eight Thousand Eight Hundred & Fifty Dollars green scotus · 1983 2 sentences 1984Id. 103 S.Ct. at 2012 . 1984Id. 103 S.Ct. at 2012 .	1	1984–1984
Bethea v. United States green dc · 1978 2 sentences 1983Conversely, “neutral” or “institutional” delays, while chargeable to the government, typically have been afforded less weight in the Barker analysis, Parks v. United States, 451 A.2d 591, 601 (D.C.1982), cert. denied, - U.S. -, 103 S.Ct. 2123 , 77 L.Ed.2d 1303 (1983), and “may be easily outweighed by an inadequate assertion of the speedy trial right or a low threshold of prejudice.” Bethea v. United States, supra, 395 A.2d at 791 . 1983Conversely, “neutral” or “institutional” delays, while chargeable to the government, typically have been afforded less weight in the Barker analysis, Parks v. United States, 451 A.2d 591, 601 (D.C.1982), cert. denied, - U.S. -, 103 S.Ct. 2123 , 77 L.Ed.2d 1303 (1983), and “may be easily outweighed by an inadequate assertion of the speedy trial right or a low threshold of prejudice.” Bethea v. United States, supra, 395 A.2d at 791 .	1	1983–1983
Robinson v. Cumberland Capital Corp. green scotus · 1983 2 sentences 1983Conversely, “neutral” or “institutional” delays, while chargeable to the government, typically have been afforded less weight in the Barker analysis, Parks v. United States, 451 A.2d 591, 601 (D.C.1982), cert. denied, - U.S. -, 103 S.Ct. 2123 , 77 L.Ed.2d 1303 (1983), and “may be easily outweighed by an inadequate assertion of the speedy trial right or a low threshold of prejudice.” Bethea v. United States, supra, 395 A.2d at 791 . 1983Conversely, “neutral” or “institutional” delays, while chargeable to the government, typically have been afforded less weight in the Barker analysis, Parks v. United States, 451 A.2d 591, 601 (D.C.1982), cert. denied, - U.S. -, 103 S.Ct. 2123 , 77 L.Ed.2d 1303 (1983), and “may be easily outweighed by an inadequate assertion of the speedy trial right or a low threshold of prejudice.” Bethea v. United States, supra, 395 A.2d at 791 .	1	1983–1983
Parks v. United States green scotus · 1983 2 sentences 1983Conversely, “neutral” or “institutional” delays, while chargeable to the government, typically have been afforded less weight in the Barker analysis, Parks v. United States, 451 A.2d 591, 601 (D.C.1982), cert. denied, - U.S. -, 103 S.Ct. 2123 , 77 L.Ed.2d 1303 (1983), and “may be easily outweighed by an inadequate assertion of the speedy trial right or a low threshold of prejudice.” Bethea v. United States, supra, 395 A.2d at 791 . 1983Conversely, “neutral” or “institutional” delays, while chargeable to the government, typically have been afforded less weight in the Barker analysis, Parks v. United States, 451 A.2d 591, 601 (D.C.1982), cert. denied, - U.S. -, 103 S.Ct. 2123 , 77 L.Ed.2d 1303 (1983), and “may be easily outweighed by an inadequate assertion of the speedy trial right or a low threshold of prejudice.” Bethea v. United States, supra, 395 A.2d at 791 .	1	1983–1983
Branch v. United States green dc · 1977 2 sentences 1978Thus, while the lapse of more than a year between arrest and trial gives prima facie merit to a claim that the first prong of the Barker test has been established favorably to an appellant, see Branch v. United States, D.C.App., 372 A.2d 998 (1977), the length of the delay still must be evaluated in light of the other three factors. 3 Barker, supra, 407 U.S. at 533 , 92 S.Ct. 2182 . 31 This is not to denigrate the importance of the guarantee of the regrettably elusive “speedy trial.” Appellant’s case presented no complex issues; the offense was a street crime with respect to which the governm 1978Thus, while the lapse of more than a year between arrest and trial gives prima facie merit to a claim that the first prong of the Barker test has been established favorably to an appellant, see Branch v. United States, D.C.App., 372 A.2d 998 (1977), the length of the delay still must be evaluated in light of the other three factors. 3 Barker, supra, 407 U.S. at 533 , 92 S.Ct. 2182 . 31 This is not to denigrate the importance of the guarantee of the regrettably elusive “speedy trial.” Appellant’s case presented no complex issues; the offense was a street crime with respect to which the governm	1	1978–1978
Coleman v. United States neutral dc · 1975 2 sentences 1977While we did not in that case squarely apply the Barker test or speak directly to the government’s responsibility for neutral delay, we succinctly dismissed the speedy trial argument by concluding that “[t]he length of the continuance [2 months] was not per se unreasonable or presumptively prejudicial,” Coleman v. United States, supra 332 A.2d at 357 , noting that the trial was held well before prima facie merit attached to the claim. 1977While we did not in that case squarely apply the Barker test or speak directly to the government’s responsibility for neutral delay, we succinctly dismissed the speedy trial argument by concluding that “[t]he length of the continuance [2 months] was not per se unreasonable or presumptively prejudicial,” Coleman v. United States, supra 332 A.2d at 357 , noting that the trial was held well before prima facie merit attached to the claim.	1	1977–1977
United States v. Michael E. Jones green cadc · 1973 2 sentences 1977We did cite United States v. Jones, 154 U.S.App.D.C. 211 , 475 F.2d 322 (1972), however, which held that neutral delays “like overcrowded courts” are to be weighted less heavily, but nonetheless are to be counted since “the ultimate responsibility for such circumstances must rest with the government rather than with the defendant.” Barker v. Wingo, supra 407 U.S. at 531 , 92 S.Ct. at 2192 . 1977We did cite United States v. Jones, 154 U.S.App.D.C. 211 , 475 F.2d 322 (1972), however, which held that neutral delays “like overcrowded courts” are to be weighted less heavily, but nonetheless are to be counted since “the ultimate responsibility for such circumstances must rest with the government rather than with the defendant.” Barker v. Wingo, supra 407 U.S. at 531 , 92 S.Ct. at 2192 .	1	1977–1977

Statutes the citing opinions construe

DC § D.C. Code § 23-104 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 479 (1995–2026) MS 238 (1986–2026) NM 227 (1987–2026) GA 146 (1976–2026) OH 129 (1985–2026) TN 91 (1987–2026) AL 75 (1977–2026) CA 69 (1980–2026) LA 68 (1983–2025) NJ 47 (1999–2026) WA 45 (2009–2026) KS 42 (1979–2026) NC 41 (1993–2026) MI 40 (2006–2026) MT 40 (1975–2020) IL 39 (1989–2025) ID 38 (1981–2025) WY 38 (1989–2023) IN 32 (1980–2020) MO 29 (1979–2025) DE 28 (1987–2026) PA 28 (1976–2025) MN 27 (1986–2025) MD 26 (1975–2024) CO 25 (1975–2026) KY 23 (1978–2024) VT 21 (1983–2025) VA 19 (1990–2025) RI 18 (1967–2015) WI 17 (1990–2026) UT 16 (1986–2026) NH 16 (1985–2022) AZ 16 (1982–2026) HI 14 (1981–2025) DC 13 (1977–2012) FL 12 (1982–2024) ME 11 (1981–2025) MA 9 (1982–2025) SC 9 (2009–2026) VI 8 (2010–2026) CT 8 (1987–2018) OR 8 (1977–2021) ND 8 (1994–2021) NV 8 (1983–2020) AK 6 (1991–2024) NE 5 (1999–2019) OK 5 (1994–2023) SD 3 (1994–2026) IA 3 (2001–2019) NY 3 (1896–2018) AR 2 (2004–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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