State v. Brown, 2011 MT 94

Brown was stopped for a headlight violation and cited on three misdemeanors: suspended privilege, lack of insurance, and DUI.
Her case was assigned to Custer County Justice Court on September 2, 2008; a jury trial was set for January 28, 2009.
Brown signed a Waiver of Speedy Trial on January 26, 2009; a continuance was granted on February 12, 2009, pushing trial to April 9, 2009.
A mistrial occurred due to a witness evidentiary error during the April 2009 trial.
After the mistrial, the State sought a prompt re-trial; the October 22, 2009 date was set more than six months after the mistrial, and Brown’s counsel did not move to dismiss.
Brown was convicted on all counts at the October 22, 2009 bench trial and again on April 20, 2010 following a jury trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendant received IAC for not filing a speedy-trial dismissal	Brown	Brown	Yes; dismissal required; prejudice shown

State v. Sartain, 2010 MT 213 (Mont. 2010) (defendant's right to speedy trial and good-cause delays in misdemeanor prosecutions)
State v. Bertolino, 2003 MT 266 (Mont. 2003) (six-month speed-trial window; 'sole standard' for good cause)
State v. Weisweaver, 2010 MT 198 (Mont. 2010) (IAC standard; de novo review; strong presumption of reasonableness)
State v. Boyer, 215 Mont. 143 (1985) (Strickland standard applicability in Montana)
State v. Lacey, 2010 MT 6 (Mont. 2010) (non-objection does not waive speedy-trial rights)
State v. Ariegwe, 2007 MT 204 (Mont. 2007) (speedy-trial framework and delays in Montana)
City of Helena v. Roan, 2010 MT 29 (Mont. 2010) (duty to proceed timely; government's burden to show good cause)