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State v. Stiffarm4/3/2003
Submitted on Briefs: December 19, 2002
The State of Montana charged Defendant, Daniel Lee Stiffarm, with one count of felony assault in the District Court for the Eighth Judicial District in Cascade County. Stiffarm moved to dismiss the charge against him, for denial of his right to a speedy trial. The District Court denied his motion and, following a jury trial, he was convicted of felony assault and sentenced to twenty years in prison. Stiffarm appeals the judgment of the District Court. We affirm the District Court.
The issues on appeal are:
1. Was Stiffarm denied his constitutional right to a speedy trial in District Court?
2. May this Court review the District Court's flight instruction when no objection was made in the District Court?
FACTUAL AND PROCEDURAL BACKGROUND
Daniel Lee Stiffarm was arrested on November 11, 1998, and initially charged with attempted homicide based on allegations that he had repeatedly stabbed his former girlfriend. Those charges were later dismissed and, on November 24, 1998, the State filed an information charging Stiffarm with assault in violation of §§ 45-5-202(2)(a), MCA (1997). Bail was set at $150,000, an amount that Stiffarm was unable to satisfy. He sought a reduction in bail, however, the District Court denied a reduction based on the seriousness of the offense charged, the fact that Stiffarm was on probation when the alleged crime occurred, and Stiffarm's prior criminal history.
Trial was initially set for April 19, 1999, however, due to various continuances, it did not occur until November 1, 1999.
On September 14, 1999, Stiffarm filed a pro se Motion to Dismiss for Failure to Provide a Speedy Trial and an Affidavit, in which he alleged that he had been provided ineffective assistance of counsel from his prior attorney, that his second attorney had been appointed just 75 days prior to trial, that he had been in maximum security and lockdown, and that this "exacerbated a problem I realized I had and for which I was attempting to obtain help prior to the alleged incident for which I am charged." He also alleged that the delay had caused the loss of deposition testimony and that he was unable to locate several witnesses, including a doctor who took a CAT scan of his brain prior to the alleged incident. Stiffarm did not provide names for the missing witnesses or doctor.
On October 26, 1999, the District Court conducted a hearing with respect to the trial delay and any prejudice it may have caused. The State presented witnesses who testified that their memories of the alleged incident were intact and that all evidence held by the State was preserved. The State offered to help locate the missing doctor. Stiffarm testified with respect to the prejudice he suffered while incarcerated and while awaiting trial. He testified that since incarcerated, he had been assaulted by prison guards on several occasions. He also testified that since his initial incarceration, he had been placed on suicide watch because of his depression. However, Stiffarm also testified that his depression, while incarcerated, "was about, about the same when first came in . . ." and that his depression had "got a lot better since about five months ago." He said that prescribed medication helped with his depression, anxiety, and general mental health, although he still had some pre-trial anxiety, had trouble sleeping, and missed contact with his daughter.
After the hearing, the District Court concluded that Stiffarm had not been denied his right to a speedy trial based on its finding that any presumption of prejudice from delay had been rebutted by the State
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