Yesterday’s transcript in Betterman v. Montana suggests that the Court is agreed on perhaps two major constitutional points: First, the Due Process Clause rather than the Sixth Amendment right to “speedy trial” may provide the better foundation for complaints about delay in sentencing. And second, even if the Due Process Clause provides the source, the … Continue reading Betterman argument analysis: What “prejudice” counts, and what is the remedy, for an inordinate delay in sentencing?