Paralegal Mark Anthony Given has spent four years hand collecting every winning criminal case in the history of the Montana Supreme Court. A Montana Criminal Defense Attorney can find here in 15 minutes what would take days or even weeks to locate. This is a sample of the over 1,000 available winning cases, the rest will be available soon via pay site.
Friday, July 25, 2008
Speedy Trial winner
STATE OF MONTANA,v.
1. Did the District Court err when it denied Bertolino’s motion to dismiss for lack of a speedy trial in the Justice Court?
2. Did the District Court err when it did not grant Bertolino’s motion to dismiss dueto the Justice of the Peace’s failure to recuse herself?
Because we reverse the District Court’s denial of Bertolino’s motion to dismiss, we
do not address the second issue.
Instead, it only points a finger at Bertolino in an effort to blame her for the failure to try the case in a timely manner.
Under these circumstances, we conclude that the State failed to demonstrate good
cause for the delay, and Bertolino’s motion to dismiss should have been granted.
Accordingly, the judgment of the District Court is reversed, and the charge against Bertolino is dismissed.
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- ▼ July (11)