Document Type

Article

Publication Date

8-29-1991

Abstract

The Court of Appeals for the Blackfeet Indian Reservation dismissed the case against the defendant because he was denied his right to a speedy trial by jury. The Court found that the standard timeframe accepted by most courts for a speedy trial is 180 days, and Mancha was brought to trial after 284 days. The Court held that this delay in the trial date violated the defendant’s rights as defined in Rule 58, Chapter 9 of the Blackfeet Law and Order Code. The Court further ordered that the trial court implement a procedure at arraignment for documenting waiver of jury trial rights including: “1) Knowledge of right to a jury trial; 2) Waiver of right to a jury trial signed by the defendant; 3) Consent of prosecution; 4) Approval of the judge.”

Comments

This case is precedent setting in speedy trial rights for the Blackfeet Tribal Courts

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