392 P.3d 570
Mont.2017Background
- On August 12, 2012, Brekke damaged a pickup and campground property in Sheridan County; a Justice Court complaint was issued but he was not arrested on those Montana charges that day.
- The same day Minnesota authorities arrested Brekke on a probation-violation warrant; Brekke waived extradition and was returned to Minnesota to serve sentences (including an escape conviction).
- Montana filed an information on March 12, 2013; an arrest warrant and charging papers were served on Brekke in Minnesota on May 14, 2013; he was returned to Montana in early June 2013.
- Brekke made his District Court appearance June 24, 2013; an initial trial date was set for September 12, 2013 (more than 200 days after the August 12, 2012 charging event).
- Brekke requested continuances of the September trial date (including after filing a speedy-trial motion) and the court continued the case multiple times; the District Court held a hearing on the speedy-trial motion and denied it.
- Brekke pled nolo contendere in March 2014 and later appealed the denial of his speedy-trial dismissal motion; the Supreme Court of Montana affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brekke was denied the right to a speedy trial | State: delays largely attributable to defendant; no actual prejudice shown | Brekke: delay (while incarcerated in Minnesota) should be charged to Montana, partly because Montana did not file an IAD detainer; presumptive prejudice from length of delay | Denied. Most delay was attributable to Brekke; IAD did not apply; no substantial prejudice shown |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (four-factor framework for speedy trial claims)
- State v. Grant, 738 P.2d 106 (Mont. 1987) (delay due to defendant’s imprisonment in another state is attributable to defendant)
- State v. Allum, 114 P.3d 233 (Mont. 2005) (criminal prosecution commences on filing of complaint)
- State v. Hodge, 338 P.3d 8 (Mont. 2014) (application of Barker factors in Montana)
- State v. Velasquez, 377 P.3d 1235 (Mont. 2016) (200-day trigger rule for raising speedy-trial claims)