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State v. Newman4/19/2004
resented are of constitutional magnitude and public importance and, under the particular circumstances of this case, it is not established that allowing the writ will place Mr. Newman in jeopardy for a second time. In reaching this result, however, we emphasize that this case presents rare and unusual circumstances. In the vast majority of cases, a bill of exceptions provides the exclusive avenue for the State to obtain review in a criminal case from an adverse ruling made after trial has commenced. We turn to the question of whether the district court erred in dismissing the case with prejudice.
Dismissal With Prejudice
In its order, the district court stated: "The trial of this case was commenced beyond the 6 month speedy trial deadline. A further delay caused by the conduct of the prosecutor would place the trial further beyond that deadline. For that reason the case should be dismissed with prejudice." The State argues the district court erred in dismissing the case with prejudice. The State's argument is premised in large part upon the underlying assertion that the district court abused its discretion in granting a mistrial. Mr. Newman's argument that the district court did not err in dismissing the charges with prejudice is likewise piggybacked upon the argument that the district court did not abuse its discretion in granting the mistrial. We hold the district court erred in dismissing the case with prejudice but do not reach the question of whether it abused its discretion in granting a mistrial because the issue is moot. The district court granted the motion for mistrial, the jury was released and any determination made at this juncture by this Court would have no practical effect on that outcome.
This Court has consistently analyzed speedy trial claims under both W.R.Cr.P. 48 and the constitution. Newport v. State, 983 P.2d 1213, 1217 (Wyo. 1999). Rule 48 (b)(8) of the Wyoming Rules of Criminal Procedure provides:
A dismissal for lack of a speedy trial under this rule shall not bar the state from again prosecuting the defendant for the same offense unless the defendant made a written demand for a speedy trial or can demonstrate prejudice from the delay.
Considering this language, we said in Newport that Rule 48(b) protects a defendant's right to have a speedy original trial; however, it does not address a defendant's right to have a speedy retrial following a mistrial. When the prosecution of a defendant is disrupted by a mistrial, the commencement of the original trial, if it was timely, satisfies the time requirements of W.R.Cr.P. 48(b), and subsequent retrials are excluded from the requirements of the rule.
Id. at 1217 (citation omitted). Thus, so long as Mr. Newman's original trial was timely, any subsequent retrial was excluded from the requirements of the rule and the fact that such a retrial under the facts of this case necessarily would have occurred beyond the time for speedy trial was not a basis for dismissing the case with prejudice. The question for our consideration under the Rule 48 analysis, therefore, is whether the original trial commencing on March 3 was timely.
Rule 48(b) of the Wyoming Rules of Criminal Procedure provides in relevant part as follows:
(b) Speedy trial....
(2) A criminal charge shall be brought to trial within 180 days following arraignment unless continued as provided in this rule....
(4) Continuances exceeding 180 days from the date of arraignment may be granted by the trial court as follows:...
(B) On motion of the attorney for the state or the court if:
(i)The defendant expressly consents;
Page 1 2 3 4 5 6 7 8 9 10 Wyoming DUI Attorneys
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