"Although institutional delay weighs less heavily against the State than deliberate or negligent delay, the Constitution cannot tolerate an infinite amount of it," the court said.
February 22, 2023 at 03:05 PM
4 minute read
Montana’s highest court has vacated a defendant’s criminal conviction after finding he suffered an excessive institutional delay that violated his right to a speedy trial.
In a Feb. 7 opinion, the Montana Supreme Court reversed a district court ruling and vacated defendant Robert Allery’s conviction after finding the defendant suffered excessive institutional delay that violated his right to a speedy trial.
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