State v. Gibson
2017 ND 15
| N.D. | 2017Background
- Steven Gibson, incarcerated, sent a speedy-trial request (Oct 2, 2015) to the Department of Corrections asking disposition of pending sex-related felony charges.
- The Department mailed the request to the district court (received Oct 15) and the state’s attorney (received Oct 16); mail-out occurred Oct 13.
- The district court scheduled trial for Jan 6, 2016 — 96 days after Gibson’s submission to the Department and 82 days after the court/prosecutor received the request.
- Gibson moved to dismiss Jan 4, 2016, arguing the 90-day speedy-trial period began when he gave the request to the Department, so the trial was untimely.
- The district court denied the motion; Gibson entered a conditional guilty plea reserving the right to appeal the speedy-trial issue.
- On appeal, the primary question was whether the 90-day period under N.D.C.C. § 29-19-02 begins when the prisoner submits the demand for mailing or when the court and prosecutor receive it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does the 90-day speedy-trial period under N.D.C.C. § 29-19-02 begin? | The State: it begins when the court and prosecutor receive the request. | Gibson: it begins when he submitted the request to the Department for mailing. | Court: it begins on receipt by both the court and the prosecutor; trial was timely. |
| Does the Department’s failure to mail "forthwith" start the 90-day clock or require dismissal? | The State: no; § 29-33-02’s "forthwith" obligation does not alter the statutory start date in §§ 29-19 or 29-33. | Gibson: delay by Department should trigger dismissal or start the 90-day period on transmission. | Court: "forthwith" may impose urgency on the Department but does not change the start date; dismissal not warranted. |
Key Cases Cited
- State v. Ripley, 548 N.W.2d 24 (N.D. 1996) (under Uniform Mandatory Disposition of Detainers Act, 90-day period begins when court and prosecutor receive defendant's request)
- State v. Moe, 581 N.W.2d 468 (N.D. 1998) (under Interstate Agreement on Detainers, 90-day period begins when prosecutor receives defendant's request)
- State v. Gasal, 859 N.W.2d 914 (N.D. 2015) (de novo review standard for statutory interpretation in criminal cases)