In the Blackfeet Tribal Court of Appeals, the Court clarified some questions concerning the 180-day trial limit set by the Blackfeet Court of Appeals in Tribe v. Mancha. The Court clarified that the 180-day limit cannot be pursued literally in every case and you must look at the totality of the circumstances which surround the case must be taken into consideration, looking at all aspects of that case.
Dismissal on speedy trial grounds lies on the discretion of the trial court. That discretion must be guided by various factors, including:
Whether the Defendant pursued a timely trial;
The length of time included in the delay (e.g., a case that is only 181 days old may not be dismissible if the delay is justified, while a delay of 365 days may not be excusable in any circumstances)
The reason for the delay and whether that delay could have been controlled by the prosecutor; and,
Any prejudice caused to the defendant by the delay.
Dismissal is not a hard and fast rule. All parties in a criminal case deserve a prompt resolution to the charge. Victims need to see justice occur as does society as w whole. Defendants need to move on with their lives whether through rehabilitation or resolution of charges. (See also Tribe v. Mancha, 91-AP-03 (Blkft. Tr. Ct. App., Aug. 29, 1991); Tribe v. Tail Feathers, 21-AP-17 (Blkft. Tr. Ct. App., May 13, 2002))
Recommended Citation
Tribe v. Mad Plume, 93-AP-08 (Blkft. Tr. Ct. App., May 20, 1993)
Comments
In the Blackfeet Tribal Court of Appeals, the Court clarified some questions concerning the 180-day trial limit set by the Blackfeet Court of Appeals in Tribe v. Mancha. The Court clarified that the 180-day limit cannot be pursued literally in every case and you must look at the totality of the circumstances which surround the case must be taken into consideration, looking at all aspects of that case.
Dismissal on speedy trial grounds lies on the discretion of the trial court. That discretion must be guided by various factors, including:
Dismissal is not a hard and fast rule. All parties in a criminal case deserve a prompt resolution to the charge. Victims need to see justice occur as does society as w whole. Defendants need to move on with their lives whether through rehabilitation or resolution of charges. (See also Tribe v. Mancha, 91-AP-03 (Blkft. Tr. Ct. App., Aug. 29, 1991); Tribe v. Tail Feathers, 21-AP-17 (Blkft. Tr. Ct. App., May 13, 2002))