Editing Barker v. Wingo (section)

==Appeals==
Barker appealed his conviction on speedy trial grounds to the [[Kentucky Court of Appeals]], which affirmed it in 1964.<ref>{{cite court |litigants=Barker v. Commonwealth |vol=385 |reporter=S.W.2d |opinion=671 |court=Ky. |date=1964 |url=https://law.justia.com/cases/kentucky/court-of-appeals/1964/385-s-w-2d-671-1.html |access-date=2019-05-23 }}</ref>

In 1970 Barker filed a ''[[habeas corpus]]'' petition in the [[United States District Court for the Western District of Kentucky]].  Though the District Court denied the petition, it granted Barker the right to proceed ''[[in forma pauperis]]'' and a certificate of probable cause to appeal.

The [[United States Court of Appeals for the Sixth Circuit]] affirmed the District Court's decision in 1971.  The Sixth Circuit argued that Barker had waived any speedy trial claims up through February 1963 (which the Sixth Circuit erroneously believed was the first date that Barker's counsel objected to a further continuance)<ref>Counsel for the Commonwealth of Kentucky conceded at oral argument before the Supreme Court that Barker's counsel first objected in February 1962, not February 1963.</ref> and that the eight-month period between February and October 1963 (the period between the objection and the actual trial) was not unduly long.  Further, the Sixth Circuit ruled that granting a continuance based on the sheriff's illness was a justifiable reason for a delay.

The United States Supreme Court granted a [[writ of certiorari]] in 1972.