State v. Haller
306 P.3d 338
Mont.2013Background
- Haller was arrested for DUI on August 3, 2011 and the state filed a complaint after an affidavit of probable cause the next day.
- An initial appearance occurred on August 4, 2011; a preliminary examination was scheduled but not held for reasons unclear in the record.
- On August 23, 2011, the State sought leave to file an information in district court, supported by an affidavit of probable cause, which the court granted the same day.
- Haller was tried by jury and convicted on February 29, 2012 of felony DUI and driving without a valid license.
- On April 16, 2012, Haller moved to vacate his convictions alleging lack of an adversarial probable cause hearing within 48 hours and lack of evidence at the scheduled preliminary examination.
- The district court denied the motion on May 4, 2012; sentencing occurred May 8, 2012 and judgment was entered May 29, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the delay to obtain a probable cause determination was reasonable | Haller argues 19-day delay after initial appearance violated reasonable-time requirement. | Haller contends a 19-day gap before leave to file information was not reasonable. | Court declines to decide reasonableness of 19-day delay; focus is whether motion to vacate was proper. |
| Whether the 48-hour preliminary examination requirement affects vacatur when information filed later | Haller asserts lack of adversarial probable cause hearing within 48 hours invalidates the process. | State argues initial probable cause determination occurred promptly via affidavit and subsequent proceedings were proper alternatives. | Haller’s argument conflates procedures; preliminary examination not required if leave to file information is used. |
| Waiver of objections by failure to raise pre-trial objections | Haller did not timely raise the 19-day delay before trial. | Waiver applies under §46-13-101; issue not preserved for appeal due to late objection. | District court did not abuse discretion; objection waived. |
| Whether there was insufficient evidence of probable cause at a scheduled preliminary examination | Haller claims no evidence established probable cause at the August 18, 2011 hearing. | State could obtain district-court charges via leave to file information with probable cause affidavit; preliminary exam evidence not required. | No failure; no substantiation in record that a preliminary exam occurred or was necessary. |
Key Cases Cited
- State v. Robison, 317 Mont. 19 (2003 MT 198) (review of a motion to dismiss in criminal cases as question of law)
- State v. Gatlin, 353 Mont. 163 (2009 MT 348) (reasonable time standard under 46-10-105, MCA)
- State v. Higley, 621 P.2d 1043 (1980) (reasonable time for probable cause determination)
- State v. McElderry, 944 P.2d 230 (1997) (time limits after probable cause determination; use of leave to file information)
- State v. Farnsworth, 783 P.2d 1365 (1989) (procedural flexibility in obtaining probable cause determinations)
- State v. Strobel, 885 P.2d 503 (1994) (information supported by affidavit of probable cause; district court leave)
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991) (probable cause determinations and timing in relation to Fourth Amendment)