Joel Bertocchi Discusses Significance of U.S. Supreme Court Decision in Betterman v. Montana
Hinshaw & Culbertson LLP partner Joel D. Bertocchi provided his insights to Law360 on the significance of the U.S. Supreme Court's decision in Betterman v. Montana, No. 14-1457 (May 19, 2016). The Court held in Betterman that that the Sixth Amendment right to a speedy trial does not extend to the sentencing phase of a criminal proceeding.
Said Mr. Bertocchi, "This ruling . . . confines defendants claiming undue sentencing delay to challenges under federal or state rules or the Due Process Clause. And since the court notes that a defendant jailed pending sentencing will get credit for time served, those challenges will only matter where the delay in sentencing approaches the likely amount of time they will get. A defendant in that position should be able to obtain some sort of bail."
To read the full article, "Attorneys React to High Court's Speedy Trial Ruling," visit the Law360 website. Please note that a subscription may be required.
Mr. Bertocchi — leader of Hinshaw's Appellate Practice, which achieved a Tier 1 national ranking in the 2015 and 2016 editions of U.S. News – Best Lawyers' "Best Law Firms" — is an experienced civil, criminal and appellate litigator. He has served as an Assistant U.S. Attorney investigating and prosecuting federal criminal cases, and also as Illinois Solicitor General. Mr. Bertocchi has litigated in courts ranging from the trial level to the U.S. Supreme Court.