Speedy Trial remand

2008 MT 173
STATE OF MONTANA,v.
JOSEPH EVERETTE HOWARD,
Did the District Court err in denying Howard’s motion to dismiss on the ground that Officer DeWitt lacked authority to execute the stop?
Did the District Court err in denying Howard’s motion to dismiss for lack of a speedy trial?
Subsequently, in August 2007 we rendered our decision in Ariegwe in which we established a new framework for analyzing speedy trial claims and overruled in part our decision in Bruce. Since that time, we have remanded speedy trial questions to the district courts when the trial court did not have an opportunity to apply the Ariegwe analysis to the claim before it. State v. Smith, 2008 MT 7, 341 Mont. 82, 176 P.3d 258; State v. Madplume, 2008 MT 37, 341 Mont. 321, 176 P.3d 1071. We conclude this remains the appropriate method to resolve such cases; therefore we remand this matter to the District Court for analysis of Howard’s speedy trial claim under Ariegwe.