Limmie Daniel Phillips, Jr., Appellant v. the State of Texas, Appellee

Summary

The Court held that the State’s negligent delay of seventeen months between indictment and trial, including over a year before the appellant was notified, violated the appellant’s Sixth Amendment right to a speedy trial. Applying the Barker v. Wingo balancing test, the Court found prejudice because a potential defense witness died and the appellant could not prepare his defense. Accordingly, the conviction was reversed and the indictment dismissed. Justice Dally dissented, arguing the majority over‑weighed the negligence and alleged prejudice and that dismissal was improper.