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State v. Lord3/31/1981
677 (1968); American Life Ins. Co. v. Anderson, 246 Ala. 588, 21 So.2d 791 (1945).
Other courts have held that delay is excusable where resulting from the court being engaged in the trial of other cases, Application of Hansen, 79 Nev. 492, 387 P.2d 659 (1963); Ex parte Lopez, 39 Cal.2d 118, 245 P.2d 1 (1952); and from the congested condition of the criminal docket. United States v. Gibson, 513 F.2d 978 (6th Cir. 1975); Commonwealth v. Beckett, 373 Mass. 329, 366 N.E.2d 1252 (1977); State v. Jones, 220 Kan. 136, 551 P.2d 801 (1976); People v. Faulkner, 81 Mis.2d 764, 366 N.Y.S.2d 965 (1975), aff'd. mem. 389 N.Y.S.2d 212 (1976); Harris v. State, 256 Ind. 464, 269 N.E.2d 537 (1971); Application of Hansen, supra.
Our rule requires this court to find that the court's congestion, which caused the delay, is attributable to exceptional circumstances. In this case, we hold that it is. The third circuit is assigned two judges to handle both criminal and civil cases. The court's calendar became congested due to an inordinate number of criminal indictments returned by the grand jury, thus compelling the court to continue defendant's trial. Under the circumstances, we hold that the court's congestion was caused by exceptional circumstances, and the court was justified to exclude the period of delay.
Affirmed.
Disposition
Affirmed.
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