Boyle v. Critelli, No. 2--57569

CourtUnited States State Supreme Court of Iowa
Writing for the CourtHeard before MOORE; HARRIS
Citation230 N.W.2d 495
PartiesJames Manus BOYLE, Petitioner, v. Anthony M. CRITELLI, Judge of the Des Moines Municipal Court, Respondent.
Docket NumberNo. 2--57569
Decision Date25 June 1975

Page 495

230 N.W.2d 495
James Manus BOYLE, Petitioner,
v.
Anthony M. CRITELLI, Judge of the Des Moines Municipal Court, Respondent.
No. 2--57569.
Supreme Court of Iowa.
June 25, 1975.

Richard C. Turner, Atty. Gen., Raymond W. Sullins, Asst. Atty. Gen., Ray A. Fenton, County Atty., and Harold A. Young, Asst. County Atty., for petitioner.

John P. Roehrick, Comito, Roehrick & Vincent, Des Moines, for respondent.

Heard before MOORE, C.J., and MASON, REES, HARRIS, and McCORMICK, JJ.

HARRIS, Justice.

James Manus Boyle (petitioner) was indicted on two charges of robbery with aggravation

Page 496

in violation of § 711.2, The Code. He was later charged by county attorney's information with interference with the administration of justice in violation of § 723.1, The Code. We granted a writ of certiorari on petitioner's application to review his claim the charges should be dismissed for want of a speedy trial. We hold petitioner's rights to a speedy trial have not been denied and annul the writ.

After the indictments were returned on November 15, 1972 petitioner was released on bond. On December 20, 1972 the third charge, that of interference with the administration of justice, was filed alleging intimidation of a State witness in one of the cases of robbery with aggravation. Petitioner was thereafter incarcerated in the Polk County jail.

Petitioner was represented by counsel through whom he requested psychiatric examination and evaluation. In response the trial court, on January 3, 1973, transferred petitioner to a Des Moines hospital where the examination could be conducted. On January 9, 1973 petitioner escaped from this hospital and remained at large until September 28, 1973 when he was captured and returned to jail.

Petitioner's counsel again requested psychiatric evaluation and moved the court to send him to the Iowa security medical facility at Oakdale. The request was granted. On November 13, 1973 the trial court ordered petitioner to the facility and directed a written evaluation be made. Petitioner was evaluated and returned to jail February 21, 1974.

On May 29, 1974 petitioner moved to dismiss the three charges on the claim his constitutional and statutory rights to a speedy trial had been violated.

Delay in bringing petitioner's case to trial following his return from Oakdale stemmed from what the trial court described as a 'breakdown in the system whereby the medical security facility would furnish the report to the court.' In...

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5 practice notes
  • State v. Brandt, Nos. 59122-59124
    • United States
    • United States State Supreme Court of Iowa
    • April 20, 1977
    ...to provide a defendant a speedy trial does not require that it play a game of hide-and-go-seek with him." See Boyle v. Critelli, 230 N.W.2d 495 (Iowa 1975). Defendant argues because one accused of a misdemeanor may be permitted to appear by counsel upon arraignment, § 775.2, and at tri......
  • Iowa v. Buckley, No. 1--56537
    • United States
    • United States State Supreme Court of Iowa
    • August 29, 1975
    ...cases do not fit any of these categories. These cases are governed by the Pre-Gorham interpretation of § 795.2. Boyle v. Critelli, 230 N.W.2d 495 (Iowa 1975). Under that interpretation, since defendant did not demand speedy trial, the 60 day limitation in § 795.2 never started to run. Thus,......
  • State v. Montgomery, No. 57226
    • United States
    • United States State Supreme Court of Iowa
    • August 29, 1975
    ...unless good cause to the contrary is shown. * * *.' We recently reviewed our interpretation of this section in Boyle v. Critelli, 230 N.W.2d 495 (Iowa 1975). Under our interpretation of the statute since State v. Gorham, 206 N.W.2d 908, 913 (Iowa 1973) we have not adhered to the demandwaive......
  • State v. Steadham, No. 56841
    • United States
    • United States State Supreme Court of Iowa
    • June 25, 1975
    ...6 and 14 to the United States Constitution and Article I, § 10 of the Iowa Constitution had been denied. See Boyle v. Critelli, 230 N.W.2d 495 (Iowa 1975); State v. Taylor, 211 N.W.2d 264, 266 (Iowa 1973); and State v. Kimball, 203 N.W.2d 296 (Iowa 1972). Defendant correctly asserts trial c......
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5 cases
  • State v. Brandt, Nos. 59122-59124
    • United States
    • United States State Supreme Court of Iowa
    • April 20, 1977
    ...to provide a defendant a speedy trial does not require that it play a game of hide-and-go-seek with him." See Boyle v. Critelli, 230 N.W.2d 495 (Iowa 1975). Defendant argues because one accused of a misdemeanor may be permitted to appear by counsel upon arraignment, § 775.2, and at tri......
  • Iowa v. Buckley, No. 1--56537
    • United States
    • United States State Supreme Court of Iowa
    • August 29, 1975
    ...cases do not fit any of these categories. These cases are governed by the Pre-Gorham interpretation of § 795.2. Boyle v. Critelli, 230 N.W.2d 495 (Iowa 1975). Under that interpretation, since defendant did not demand speedy trial, the 60 day limitation in § 795.2 never started to run. Thus,......
  • State v. Montgomery, No. 57226
    • United States
    • United States State Supreme Court of Iowa
    • August 29, 1975
    ...unless good cause to the contrary is shown. * * *.' We recently reviewed our interpretation of this section in Boyle v. Critelli, 230 N.W.2d 495 (Iowa 1975). Under our interpretation of the statute since State v. Gorham, 206 N.W.2d 908, 913 (Iowa 1973) we have not adhered to the demandwaive......
  • State v. Steadham, No. 56841
    • United States
    • United States State Supreme Court of Iowa
    • June 25, 1975
    ...6 and 14 to the United States Constitution and Article I, § 10 of the Iowa Constitution had been denied. See Boyle v. Critelli, 230 N.W.2d 495 (Iowa 1975); State v. Taylor, 211 N.W.2d 264, 266 (Iowa 1973); and State v. Kimball, 203 N.W.2d 296 (Iowa 1972). Defendant correctly asserts trial c......
  • Request a trial to view additional results

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