State v. Sievers
299 Kan. 305
| Kan. | 2014Background
- Sievers was charged with multiple offenses arising from police attempts to approach his SUV at an intersection.
- He appeared for an initial appearance; bond was set on an appearance bond and posted; a preliminary hearing found probable cause.
- Arraignment occurred on June 13; a pretrial hearing was set for August 22 and a jury trial for September 30.
- Sievers did not attend the August 22 hearing; counsel reported no contact with him since June 13, and a court services officer indicated he stopped reporting.
- A bench warrant was issued after bond forfeiture was sought on September 26; counsel sought continuances or withdrawal due to lack of contact; Sievers surrendered September 25 and bond was revoked.
- New counsel was appointed in October; the court rescheduled the trial to January 27, 2009; at trial, Sievers was convicted on multiple counts but acquitted of one felony count; the Court of Appeals affirmed most dispositions, and this court granted review to address the speedy-trial issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State violated Sievers’ statutory right to a speedy trial. | Sievers argued the 180-day clock was not tolled properly and that the State failed to bring him to trial within time. | State contends the clock was tolled by Sievers’ fault and conduct, including failure to appear and counsel’s continuances, delaying trial. | No statutory speedy-trial violation; clock tolled for the period attributable to Sievers and delays were properly allocated. |
| Whether the 35 days from August 22 to September 25 were properly charged to Sievers | Sievers contends those days should not be charged to the State since the delay was caused by his absence and counsel’s inability to contact him. | State argues the delay resulted from Sievers’ own fault and thus stopped the clock against the State. | The 35 days were charged to Sievers as the delay resulted from his fault, so the State’s time remained 110 days rather than 145. |
| Whether, after surrender on the bench warrant, the State had 110 days to bring Sievers to trial | Sievers claims the remaining time after surrender did not permit trial within the 90-day constraint. | State maintains 110 days remained and continued to run under the original time limit because more than 90 days remained after the waiver. | Yes, 110 days remained; trial within that period did not violate the speedy-trial right. |
Key Cases Cited
- State v. Thomas, 291 Kan. 676 (2011) (de novo review and standard for statutory speedy-trial issues; clock triggers at arraignment)
- State v. Vaughn, 288 Kan. 140 (2009) (time tolling rules for continuances and defendant-fault delays)
- State v. Welch, 212 Kan. 180 (1973) (defendant-fault delay when mising trial; 79 days attributed to defendant)
- City of Dodge City v. Downing, 251 Kan. 561 (1995) (time to process defendant’s motion to suppress charged to defendant)
- State v. Prewett, 246 Kan. 39 (1990) (time to process competency evaluation charged to defendant)
