Summary
The Montana Supreme Court considered whether the District Court properly dismissed criminal charges for violation of the defendant's constitutional right to a speedy trial. Because the District Court applied an earlier speedy-trial framework and did not analyze the issue under the newly announced Ariegwe test, the Supreme Court reversed the dismissal and remanded for analysis under Ariegwe.
Holdings
- The District Court improperly granted the motion to dismiss because it did not analyze the speedy-trial claim under the controlling framework announced in State v. Ariegwe.
- The dismissal is reversed, and the case is remanded without prejudice to a timely appeal by either party after the District Court applies the Ariegwe analysis.
Questions Presented
- Whether the District Court properly granted Madplume's motion to dismiss for violation of his constitutional right to a speedy trial.
- Whether the case should be remanded for analysis under the Montana Supreme Court's newly announced speedy-trial framework in State v. Ariegwe.
Disposition
reversed_and_remanded
Cases Cited (7)
- State v. Madplume, 2007 MT 11, 335 Mont. 290, 150 P.3d 956(followed as procedural history)
- State v. Spang, 2007 MT 54, 336 Mont. 184, 153 P.3d 646(followed)
- State v. Ariegwe, 2007 MT 204, 338 Mont. 442, 167 P.3d 815(applied)
- City of Billings v. Bruce, 1998 MT 186, 290 Mont. 148, 965 P.2d 866(overruled in part)
- State v. Smith, 2008 MT 7, 341 Mont. 82(followed by analogy)
- Barker v. Wingo, 407 U.S. 514, 92 S. Ct. 2182 (1972)(relied upon by cited authority)
- Doggett v. United States, 505 U.S. 647, 112 S. Ct. 2686 (1992)(relied upon by cited authority)
Cited In (0)
No citing cases on record yet.
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