John Marshall Harlan II,
Klopfer v. North Carolina — Concurrence
“ I would rest decision of this case not on the 'speedy trial' provision of the Sixth Amendment, but on the ground that this unusual North Carolina procedure, which in effect allows state prosecuting officials to put a person under the cloud of an unliquidated criminal charge for an indeterminate period, violates the requirement of fundamental fairness assured by the Due Process Clause of the Fourteenth Amendment. ”
