245 P.3d 947
Colo.2011Background
- Corey Hills was charged with battery, criminal mischief, and later false imprisonment under Westminster Municipal Code.
- Trial dates were repeatedly reset due to discovery disputes and counsel changes, culminating in a June 8, 2007 trial for docket congestion.
- The municipal court offered July 6, 2007 as a new trial date within the 90‑day speedy trial window, which Hills’ counsel could not take; he proposed dates after the window.
- The court continued the case on its own motion, then set the next available date after Hills’s counsel’s proposed dates, all after the speedy trial deadline.
- Hills sought dismissal under C.M.C.R. 248(b), arguing a speedy trial violation due to court congestion and the court’s own continuance.
- The district court and the court of appeals analyzed whether the delay was attributable to the court, the prosecutor, or Hills, ultimately ruling the delay was attributable to Hills due to defense scheduling conflicts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court-congestion continuances, with a timely reschedule offered, are excludable when defense scheduling conflicts cause delays. | Hills argues dismissal is required under 248(b) due to untimely trial caused by court delay. | Westminster contends the delay is attributable to Hills because the court offered a timely date within the speed period but Hills rejected it for scheduling. | Delay attributed to defendant; no speedy trial dismissal required. |
Key Cases Cited
- People v. Arledge, 938 P.2d 160 (Colo.1997) (ad hoc inquiry for who causes delay; balancing speedy-trial policy)
- People v. Bates, 155 Colo. 277 (Colo.1964) (policy of timely action by court and prosecutor)
- People v. Colantonio, 196 Colo. 242 (Colo.1978) (burden on district attorney and trial court to comply with speedy-trial time)
- People v. Fetty, 650 P.2d 541 (Colo.1982) (defense scheduling waives speedy-trial claims when date outside window is chosen)
- People v. Wilson, 972 P.2d 701 (Colo.App.1998) (treatment of defense unavailability as delay; scheduling conflicts)
- Tasset v. Yeager, 195 Colo. 190 (Colo.1978) (counsel's rejection of dates; later delays attributable to court)
- People v. Chavez, 650 P.2d 1310 (Colo.App.1982) (delay attributable to defendant when defense unavailability affects timing)