389 P.3d 1009
Mont.2017Background
- Stewart was arrested in Yellowstone County on Aug. 3, 2013 for a high-speed chase and several driving-related charges; he posted bond Aug. 6, 2013.
- Nine days later he was arrested on a Silver Bow County warrant (PFMA) and detained in Butte, where he remained for much of the pretrial period.
- Yellowstone charged Stewart; multiple trial dates were set and continued. Stewart filed continuance motions and signed two waivers of speedy trial.
- Relevant timeline: total delay from arrest to Yellowstone trial was 625 days (well beyond the 200-day trigger). District Court allocated 243 days to the State and 383 days to Stewart.
- Stewart moved to dismiss for lack of speedy trial; the District Court denied the motion and Stewart appealed. The Montana Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Stewart) | Held |
|---|---|---|---|
| Whether Stewart was denied his constitutional right to a speedy trial | The State argued the delay was attributable largely to the defendant (waivers, continuances, plea activity, substitution motions) and only some delay was institutional; no prejudice shown. | Stewart argued the total delay (625 days) violated his speedy-trial rights and that some periods (notably a 167-day span) should be charged to the State because it failed to secure his presence for plea/trial. | Court held no violation: most delay attributable to Stewart; State bore some responsibility but defendant showed no prejudice; speedy-trial motion denial affirmed. |
Key Cases Cited
- State v. Ariegwe, 2007 MT 204, 338 Mont. 442, 167 P.3d 815 (sets forth four-factor speedy-trial balancing test and allocation of delay)
- State v. Butterfly, 2016 MT 195, 384 Mont. 287, 377 P.3d 1191 (addresses how unrelated prior incarcerations affect oppressive-incarceration analysis)
- State v. Morsette, 2013 MT 270, 372 Mont. 38, 309 P.3d 978 (standard of review for factual findings in speedy-trial analysis)
- United States v. Loud Hawk, 474 U.S. 302 (1985) (speedy-trial guarantee not intended to protect against all harms from pretrial delay)