State v. Hodge
2014 MT 308
| Mont. | 2014Background
- May 4, 2010: Hodge arrested for DUI, driving with license suspended, and wrong-way driving; released on recognizance.
- May 21, 2010: Arraigned in Justice Court, pleads not guilty, public defender appointed; omnibus hearing set for July 13, 2010.
- Hodge fails to appear at July 13, 2010 omnibus hearing; court continues hearing to August 10, 2010.
- August 9, 2010: Defense requests continuance; September 7, 2010 omnibus hearing reset; amended complaint filed adding DUI per se.
- September 7, 2010: Hodge fails to appear; arrest warrant issued; Hodge is not arrested for nearly 22 months until June 29, 2012.
- November 7, 2012: Bench trial set after Hodge again fails to appear; trial proceeds in absence under statute; Hodge convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hodge's constitutional speedy-trial right was violated | Delay largely due to Hodge’s actions; no denial of speedy trial. | Long delay violated constitutional right to speedy trial. | Not violated; factors balanced in defendant’s disfavorable light, but no prejudice shown. |
| Attribution of 664 days to Hodge for arrest-warrant delay | Delay due to Hodge’s failure to appear; warrant issued for his arrest. | State negligently failed to execute warrant; delay attributable to state. | 664 days attributed to Hodge; not to state; delay not due to state negligence. |
| Prejudice arising from the delay | Presumed prejudice from 918-day delay supports speedy-trial claim. | No actual prejudice shown; many factors favor state. | Presumption of prejudice not sufficient; no actual prejudice established; overall not violative. |
Key Cases Cited
- Doggett v. United States, 505 U.S. 647 (U.S. 1992) (negligent government delay weighs against the state)
- State v. Lacey, 355 Mont. 31 (2010 MT) (arrest-warrant delays and diligence framework for attribution)
- State v. Ariegwe, 338 Mont. 442 (2007 MT) (multifactor speedy-trial test; prejudice considerations)
- State v. Zimmerman, 375 Mont. 374 (2014 MT) (constitutional speedy-trial standard; factor-based analysis)
- City of Kalispell v. Gabbert, 2014 MT 296 (2014 MT) (defendant’s absence at hearings can bear on delay causation)