Sunday, February 15, 2009

Speedy trial rights apply even when the judge has a baby

Steven A. Jensen won in State v. Miller, Case No. 99,998 (Feb. 13, 2009)(unpublished), affirming Judge Harth's dismissal of charges of misdemeanor DUI and refusal to submit to a preliminary breath test based upon the violation of Miller’s statutory right to a speedy trial. Judge Harth granted Mr. Miller’s motion to dismiss, noting that part of the delay might well have been caused by her being on maternity leave and by the case having been transferred back and forth between judges.

The COA affirmed:

Delays caused by a judge's maternity leave and by the transferring of the case back and forth between judges cannot be attributed to the fault of Miller.

Our review of the record on appeal leads us to conclude the trial court properly dismissed the case based on a violation of Miller's statutory right to a speedy trial.

[Update: the state did not file a PR and the mandate issued on March 19, 2009].

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