Document Type

Article

Publication Date

8-29-1991

Abstract

In the Blackfeet Tribal Court of Appeals, the Court established a 180-day presumption of prosecution in criminal cases, before a Speedy Trial evaluation can determine whether the case should be dismissed. The Court adopted the 180-day deadline, in parity with other jurisdictions. The Defendant was brought to trial 284 days after arrest. The Court notes that there is a process and procedure which must be followed to extend or delay when a case is heard. The Court implemented a procedural process for Tribal Courts to follow, noting: 1) knowledge of right to a jury trial; 2) waiver of right to a jury trial signed by defendant; 3) consent of prosecution; 4) approval of judge. (See also Tribe v. Mad Plume, 93-AP-08 (Blkft. Tr. Ct. App., May 20, 1993); Tribe v. Tail Feathers, 21-AP-17 (Blkft. Tr. Ct. App., May 13, 2002))

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