State v. Mortensen
Annotate this CaseDefendant was charged with assault while being incarcerated and of being a habitual criminal. Approximately one year later, Defendant filed his first motion to discharge on speedy trial grounds. The district court overruled the motion. The court of appeals affirmed. Defendant subsequently filed a second motion to discharge on speedy trial grounds. The district court overruled Defendant’s motion, concluding that the State had twenty-eight days remaining to bring Defendant to trial. The court of appeals affirmed. The State petitioned for further review, contending that additional days should be excluded from the speedy trial calculation because of Defendant’s allegedly frivolous motion to discharge. The Supreme Court held that Defendant waived his statutory right to a speedy trial by filing unsuccessful motions to discharge that necessitated continuing trial beyond the statutory six-month period.
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