[Download] "Isern v. Summerfield" by Montana Supreme Court " eBook PDF Kindle ePub Free

July 16, 2021

eBook details

Title: Isern v. Summerfield
Author : Montana Supreme Court
Release Date : January 04, 1998
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

Description

1 In October 2004 Preston A. Madplume (Madplume) was charged with the offense of sexual intercourse without consent after DNA evidence revealed the presence of the accusers DNA on Madplumes finger. An omnibus hearing was scheduled but was continued seventeen times at Madplumes request. During this time Madplume signed a waiver of his right to a speedy trial. In September 2005 Madplume moved to suppress the DNA evidence on the ground that it was obtained without a warrant and therefore resulted from an unlawful search of his person. The District Court granted his motion. The State appealed and in January 2007 we reversed and remanded for further proceedings. Madplumes omnibus hearing was ultimately held on March 14, 2007. On that date, he filed a motion to dismiss for violation of the right to a speedy trial. The District Court granted the motion without a hearing and the State appeals. We reverse and remand.