State v. Case, 2013 MT 192

Deputies responded to a July 23, 2011 domestic-violence call where Case allegedly shoved his wife, injuring her.
The State charged Case with Partner or Family Member Assault (PFMA); the District Court later dismissed the felony PFMA after conceding one prior PFMA dismissal.
On the same day, the State filed a misdemeanor PFMA charge in Ravalli County Justice Court.
Case pled not guilty to the misdemeanor on November 15, 2011; a trial date was set for May 5, 2012.
On March 23, 2012, Case moved to dismiss for lack of speedy trial; after denial, he pled guilty to a reduced misdemeanor disorderly conduct; appeal followed.
The District Court affirmed the denial; the Montana Supreme Court reviews whether the speedy-trial dismissal was proper.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether speedy-trial rights were violated for the misdemeanor PFMA charge	Case: six-month clock starts from the misdemeanor plea date	State: new misdemeanor filing begins a fresh speedy-trial clock; prior dismissal irrelevant	No speedy-trial violation; new misdemeanor filing started a new clock and Case’s six-month period began November 15, 2011

State v. Martz, 347 Mont. 47, 196 P.3d 1239 (2008 MT 382) (misdemeanor potential to become felony; timing of speedy-trial clock)
State v. Topp, 317 Mont. 59, 75 P.3d 330 (2003 MT 209) (new charges after dismissal start a new matter with a new speedy-trial clock)
State v. Belgarde, 244 Mont. 500, 798 P.2d 539 (1990) (misdemeanor speedy-trial protections are stricter than constitutional analysis)
State v. Ronnigen, 213 Mont. 358, 691 P.2d 1348 (1984) (statutory speedy-trial protections for misdemeanors)
State v. Ariegwe, 338 Mont. 442, 167 P.3d 815 (2007 MT 204) (four-part balancing test for felonies; statutory analysis for misdemeanors)
State v. Finley, 360 Mont. 173, 252 P.3d 199 (2011 MT 89) (standard of review for trial-court determinations)