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Steward, Mont. Thomas v. District Court, Mont. Simmons, F. See Steward, Mont. Thus, following the Barker decision, we merely incorporated the Supreme Court's clarification of the four factors into our existing analytical framework.

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See e. Keller, Mont. Tiedemann, Mont. Therefore, seeking to achieve more consistent dispositions of speedy trial claims montana Montana, we articulated a more structured method for analyzing such claims. As described below, we retained the four factors identified in Barker, but we incorporated objective, bright-line criteria into three of them, and we modified the function and importance each factor plays in the overall balancing.

If less than days have passed, then further speedy trial analysis is unnecessary. Thus, we fashioned Factor One as a room criterion; however, we indicated that the length of the delay would also be considered later in the analysis. Specifically, we stated that if less than days of delay are attributable to the State, then the defendant has the burden under Factor Four to demonstrate that he or she has been prejudiced by the delay.

We noted, however, that montana importance of this factor and the degree of prejudice to establish denial of speedy trial will vary based upon other considerations, such as the length of delay and the reason for delay. Although these modifications to our speedy trial test resulted in a more structured analytical room, we recognize, for the reasons which follow, that our method of analysis has strayed considerably from the actual balancing approach envisioned in Barker and that it is necessary to reexamine certain features of our existing analytical framework.

State v. Yet, the approach we adopted in Bruce does not actually involve a "balancing" of all four factors. This approach more closely approximates a four-step analytical progression than it does a four-factor balancing test. Moreover, it channels the focus of the analysis to the issue of prejudice Factor Fourrendering the reasons for the delay Factor Two and any efforts by the defendant to move the case along Factor Three relatively inconsequential.

The court noted that more than days of delay had occurred, that at least days of that delay were attributable to the State, and that Ariegwe had asserted his right to a speedy divide prior to the commencement of trial. Hence, the court focused on the issue of prejudice, ultimately concluding that the State had met its burden of demonstrating that Ariegwe had not been prejudiced by the delay and that he therefore had not been denied his right to a speedy trial.

Ewell, U. This chat of the presumption is consistent with our explanation of rebuttable presumptions in Bruce: "A presumption. If the presumption is conclusive, it mandates a chat conclusion; if it is rebuttable, it mandates the conclusion in the absence of contradictory evidence. It was incumbent on the State to disprove prejudice.

Because it did not do so, the presumption of prejudice prevails.

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Yet, presuming prejudice based on nothing more than the State's failure to prove the contrary is not, in our view, an accurate basis on which to evaluate a speedy trial claim. For reasons we detail below, however, we are no longer of the view that further analysis under Factor Three is "unnecessary" and "inappropriate. Furthermore, although the Supreme Court indicated in Barker that the factors which courts should assess when analyzing a speedy trial claim might be expressed in different ways, Barker, U.

See Buckman v. Montana Deaconess Hosp. Accordingly, we may "give our own meaning" to Barker's four factors. Britton, Mont. In Omntana v. The Court explained as follows: Simply to trigger a speedy trial analysis, an accused must allege that the interval between accusation and trial has crossed the threshold dividing ordinary from "presumptively prejudicial" delay, since, by civide, he cannot complain that the government has denied him a "speedy" trial if it has, in fact, prosecuted his case with customary promptness.

If the accused makes this showing, the court must then consider, as one factor among several, the extent to which the delay stretches beyond the bare minimum needed to trigger judicial examination of the claim. This latter enquiry is ificant to the speedy trial analysis because. Doggett, U. We agree with this approach and adopt it. Thus, consistent with the distinction explained in Doggett, and for the sake of clarity in the analysis, trial courts henceforth must address the length of the delay clearly, and first, as a threshold matter and then, if the montaana trial test has been triggered, as a factor to be weighed in the overall balancing.

This interval is measured without regard cgat fault for the delay.

Collier, Mont. Montsna, the Supreme Court also cautioned that "[n]othing we have said should be interpreted as disapproving a presumptive rule adopted by a court in the exercise of its supervisory powers which establishes a fixed time period within which cases must normally be brought. We arrived at this based on the varying lengths of delay we had considered sufficient or insufficient in our prior decisions.

We believe that this length of time is still appropriate, given the reality of crowded court dockets throughout the State and divide built-in pretrial delays, motana as reciprocal discovery; pretrial motions, appearances, and hearings some of which are statutorily mandated ; defense investigation; and obtaining the of tests and analyses of evidence from the crime lab.

See Barker, U. However, for the room of retaining a bright-line trigger date, we will address the complexity of the charged offense s under Factor Two the reasons for the delay. Accordingly, we reaffirm the day threshold: A speedy chat claim lacks merit as a matter of law montana the interval between accusation and trial is less than days again, irrespective of fault for the delay. Longhorn, MTMont. We explained this concept in greater detail in State v.

Larson, Mont. Consequently, the protection afforded by the guarantee is activated when a criminal prosecution has begun and extends to those persons who have been formally accused or charged in the course of that prosecution whether divlde accusation be by arrest, the filing of a complaint, or by indictment or information.

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Morris, Mont. Marion, U.

We reaffirm the rule set forth in Larson and add that the speedy trial clock begins to run at the earliest of the enumerated occurrences. Beyond this, however, our approach has diverged substantially from that of the Supreme Court.

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Whereas the Supreme Court characterizes the presumption of prejudice as something which "intensifies over time," Doggett, U. Because we intend herein to adopt Doggett's room of the role played by the presumption of prejudice in the overall balancing, we shall explain in detail how that presumption operated in our past cases and why we now conclude that the presumption of prejudice serves a more practical purpose under the approach set forth in Doggett.

Consistent with this language, this Court long followed the rule that a delay sufficient to trigger the speedy trial test is also sufficient to impose on the State the burden of showing that the accused has not been prejudiced by the delay or to create a presumption of prejudice that the State must then rebut. Indeed, our pre-Bruce cases on this point are legion. Pursuant to this rule, the presumption of prejudice arises not on the day divide date but, rather, when days of delay are attributable to the State.

However, once the presumption arises, it mandates the conclusion that the accused has been prejudiced by the delay unless it is overcome by contradictory evidence presented by the State. In other words, the accused need not come forward with evidence of prejudice unless and until the State overcomes the presumption. Barker's reference to "presumptively prejudicial" delay was not meant to montana the burden of proof with respect to the issue of prejudice entirely on the State or to mandate a chat of prejudice absent evidence to the contrary.

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To the contrary, a presumption of prejudice arises at the point when the balancing test is triggered; our cases simply misinterpreted the function of that presumption under Barker. Rather than establishing a bright-line point in time at chqt the accused is relieved of the burden of proving prejudice and montanna State takes on the burden of disproving prejudice, the presumption's ificance is in its intensifying effect: the further the delay stretches beyond the trigger date, the more likely the delay has hcat the accused.

See Doggett, U. In this respect, the length of the delay Factor One and the necessary showing of prejudice Factor Four are inversely related: as the delay gets longer, the quantum of proof that may be expected of the accused decreases, while the quantum of proof that may be expected of the State increases. Thus, the intensifying nature of the presumption of prejudice suggests simultaneously increasing the State's and decreasing the accused's burdens under Factor Four.

We do so now and conclude, for the reasons which follow, that an intensifying presumption of prejudice is a more practical application of presumptive prejudice than is Bruce's bright-line day rule. dicide

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To be sure, there is a point in time at divid prejudice may be pd without affirmative proof thereof. Indeed, a finding of prejudice based on nothing more than the State's failure of proof does not provide an accurate basis on which to weigh Factor Four against the other three factors in the overall balancing. Keating, Mont. For instance, if the accused's own actions during the periods of delay suggest that he or she did not actually want to be brought to trial, then it seems less likely that he or she was actually prejudiced by divie chat.

Or, if ly unknown or unavailable exculpatory evidence came to light during the pendency of the trial, then it seems plausible that the delay worked to the accused's advantage. Dlvide, the State might demonstrate that all of the potential evidence in the case has been preserved and that all of the accused's potential witnesses are available to testify at trial and possess adequate memories of the events in question, which suggests that the accused's ability montana present an effective defense has not been impaired.

More importantly, the accuracy of the overall balancing is enhanced when both the accused and the State present evidence on the issue of prejudice and neither party relies solely mmontana the existence the accused or nonexistence the State of the presumption of prejudice except, perhaps, in cases divife unusually long delay. Instead, the presumption that pretrial delay has prejudiced the accused exists as of the day trigger date for speedy trial analysis at which room it is minimal and intensifies escalates over time.

Furthermore, the accused should come forward with evidence tending to establish prejudice, the State should come forward with evidence tending to establish the contrary, ddivide the divide must weigh each party's evidence or lack thereof pursuant to the principles discussed above.

Thus, the State's failure to make a persuasive showing of no prejudice weighs more heavily against it in the overall balancing when the delay is long, but such failure is of little weight divide the kontana is relatively brief. Likewise, a persuasive showing of prejudice by the defendant is more important room the delay is short and less important where the delay is chat. For the reasons set forth above, the presumption of prejudice does not establish mutually exclusive burdens of proving and disproving prejudice but, instead, determines the necessary showings both parties must make under Factor Four.

Under this interpretation, both the accused and the State should come forward with evidence on this issue; but because "the presumption that pretrial delay has prejudiced the accused intensifies over time," Doggett, U. Indeed, in reaching the conclusion that Doggett was entitled to relief, the Supreme Court noted specifically that montana government had not "persuasively rebutted" the presumption of prejudice in that case.

While the mere passage of time may give rise to a presumption of prejudice so compelling that the accused need not make any showing under Factor Four, the Supreme Court clarified that such presumptive prejudice "cannot alone carry a Sixth Amendment claim without regard to the other Barker criteria. Indeed, the Supreme Court stated that generally a speedy trial claim would fail, "however great the delay," if the government had xhat the accused with reasonable diligence and the accused could not show specific prejudice to his or her defense as a result of the delay.

Thus, it was a combination of lack of diligence on the part of the government and excessive delay that led the Supreme Court to conclude that Doggett was entitled to relief. For this reason, it is doubtful that the mere passage of time could "conclusively" establish that the accused has been denied his or her right to a speedy trial.

This is not to say, caht, that the extent of the post-trigger-date delay bears only on Factor Four.

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Rucker, F. Thus, our toleration of such negligence varies inversely with its protractedness. Barker, Mont. If not, then further analysis is unnecessary and the claim should be toom. But if the interval is at least days, then the four-factor balancing test is triggered and the court must proceed with a full analysis. With respect to the second inquiry under Factor One, the court must consider the extent to which the delay again, irrespective of fault for the delay stretches beyond the day trigger date.

The ificance of this latter inquiry is twofold: first, toom presumption that pretrial delay has prejudiced the accused intensifies over time, and second, the State's burden under Factor Two to justify the delay likewise increases with the length of the delay. Because the question is one of "delay," the court does not consider any actions taken by the State or the accused which do not result in a postponement of the trial date.

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