Gregory Bartunek v. United States
DueProcess
IS AN AFFIRMATIVE DEMONSTRATION OF PREJUDICE TO THE ACCUSED'S ABILITY TO DEFEND HIMSELF ESSENTIAL TO PROVE THE DENIAL OF HIS RIGHT TO A SPEEDY TRIAL?
SHOULD THE COURT ALLOW HABEAS CORPUS RELIEF OR SIMILAR COLLATERAL RELIEF FOR A SPEEDY TRIAL CLAIM BROUGHT BEFORE TRIAL? DOES DENIAL OF SUCH A CLAIM, NOT BASED ON ITS MERITS, VIOLATE THE PETITIONER'S DUE PROCESS RIGHTS?
SHOULD "EXCEPTIONAL CIRCUMSTANCES" BE REQUIRED TO BRING FORWARD A HABEAS CLAIM, BASED ON A SPEEDY TRIAL VIOLATION, PRIOR TO TRIAL? ARE SUCH CIRCUMSTANCES PRESENT IN THIS CASE? SHOULD THE PETITIONER'S WRIT FOR HABEAS THEN BE GRANTED?
Is an affirmative demonstration of prejudice to the accused's ability to defend himself essential to prove the denial of his right to a speedy trial?