State v. Albertsen, No. 57172

CourtUnited States State Supreme Court of Iowa
Writing for the CourtSubmitted to MOORE; McCORMICK
PartiesSTATE of Iowa, Appellant, v. Jean ALBERTSEN, Appellee.
Docket NumberNo. 57172
Decision Date16 April 1975

Page 94

228 N.W.2d 94
STATE of Iowa, Appellant,
v.
Jean ALBERTSEN, Appellee.
No. 57172.
Supreme Court of Iowa.
April 16, 1975.

Page 95

Lyle A. Rodenburg, County Atty., for appellant.

Peter J. Peters, Council Bluffs, for appellee.

Submitted to MOORE, C.J., and RAWLINGS, REES, UHLENHOPP and McCORMICK, JJ.

McCORMICK, Justice.

The State appeals from a ruling of the trial court sustaining defendant's motion to dismiss this murder prosecution for want of a speedy trial. We reverse and remand for trial.

The sole question is whether the trial court erred in holding the State failed to show good cause for not bringing defendant

Page 96

to trial within 60 days of the filing of the county attorney's information against her.

The clerk's transcript shows the following chronology of relevant events:

June 8, 1973 The county attorney's information was filed. Defendant was free on bail and remained so.

June 18, 1973 Defendant filed a motion to suppress evidence of alleged incriminating statements. Arraignment was commenced but then continued at defendant's request pending hearing and disposition of the motion to suppress.

July 6, 1973 The motion to suppress was heard and orally sustained.

July 11, 1973 An order was entered sustaining the motion to suppress.

July 17, 1973 The State filed a motion asking the court to rehear the suppression issue. No ruling on this motion appears.

August 1, 1973 The court set arraignment for August 2, 1973. The State filed an application to have the case set for trial August 7, 1973. The court entered an order finding the case could not be tried that date due to 'reasons not attributable to delay by the state' and providing the case would be set for trial by later order.

August 2, 1973 The State gave notice of its application with the supreme court for interlocutory appeal or a writ of certiorari to obtain review of the suppression order.

August 3, 1973 Defendant was arraigned. She entered a plea of not guilty. Through counsel she said she was ready for trial. In view of the pending application in the supreme court, the trial court declined to fix a trial date. On the same date the supreme court set the application for hearing and entered a temporary stay of trial court proceedings.

August 8, 1973 Defendant moved to dismiss the case because of the State's failure to bring her to trial within 60 days as required by Code § 795.2.

August 15, 1973 The supreme court granted certiorari and stayed proceedings in the district court pending certiorari judgment.

January 18, 1974 The State appeared specially to defendant's motion to dismiss of August 8, 1973.

February 1, 1974 The trial court overruled the motion to dismiss and the special appearance.

February 20, 1974 The supreme court filed its decision in the certiorari action, annulling the writ of certiorari. See State v. Cullison, 215 N.W.2d 309 (Iowa 1974).

February 27, 1974 The State filed an application for a trial date. An order was entered fixing trial for March 19, 1974.

March 4, 1974 Defendant filed a new motion to dismiss alleging denial of a speedy trial under Code § 795.2.

March 8, 1974 The procedendo was issued by the supreme court in the certiorari action, reflecting the court's judgment.

March 11, 1974 The motion to dismiss of March 4, 1974, was heard in the trial court.

March 13, 1974 The trial court entered its order sustaining that motion to dismiss.

The State contends defendant's motion to suppress triggered the proceedings which caused the delay in bringing defendant to trial. In arguing good cause was thereby established, the State relies largely on the principle that although the State, not the defendant, has the obligation to bring a defendant to trial, delay attributable to the defendant may constitute good cause preventing the State from carrying out its obligation. State v. King, 225 N.W.2d 337, 340 (Iowa 1975), and citations; State v. Lyles, 225 N.W.2d 124, 126 (Iowa...

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20 practice notes
  • State v. Brandt, Nos. 59122-59124
    • United States
    • United States State Supreme Court of Iowa
    • April 20, 1977
    ...our review of trial court's determination is not de novo. State v. LaPlant, 244 N.W.2d 240, 242 (Iowa 1976); see State v. Albertsen, 228 N.W.2d 94 (Iowa 1975). Where the determination of the trial court is supported by substantial evidence in the record, we must affirm. State v. Reynolds,25......
  • State v. Moritz, No. 62991
    • United States
    • United States State Supreme Court of Iowa
    • June 18, 1980
    ...for a writ of certiorari is "attributable to defendant" and should therefore not be taken into account. See State v. Albertsen, 228 N.W.2d 94, 97 (Iowa 1975). That leaves for our consideration a delay of ninety-three days, or thirty-three days longer than the sixty-day limit in se......
  • State v. Deases, No. 90-414
    • United States
    • Court of Appeals of Iowa
    • June 25, 1991
    ...to prepare on insanity issue, where defendant filed insanity notice on last day permitted for such motions); State v. Albertsen, 228 N.W.2d 94 (Iowa 1975) (delay caused by a pretrial appeal by the State sufficient to constitute good Delays attributable to the criminal justice system--includ......
  • Iowa v. Buckley, No. 1--56537
    • United States
    • United States State Supreme Court of Iowa
    • August 29, 1975
    ...remand is barred by our holding in State v. Johnson, 217 N.W.2d 609 (Iowa 1974), and by § 793.20, The Code. In State v. Albertsen, 228 N.W.2d 94 (Iowa 1975), an appeal by the State, we reversed an order dismissing a case for denial of speedy trial and remanded the case for trial. However, n......
  • Request a trial to view additional results
20 cases
  • State v. Brandt, Nos. 59122-59124
    • United States
    • United States State Supreme Court of Iowa
    • April 20, 1977
    ...our review of trial court's determination is not de novo. State v. LaPlant, 244 N.W.2d 240, 242 (Iowa 1976); see State v. Albertsen, 228 N.W.2d 94 (Iowa 1975). Where the determination of the trial court is supported by substantial evidence in the record, we must affirm. State v. Reynolds,25......
  • State v. Moritz, No. 62991
    • United States
    • United States State Supreme Court of Iowa
    • June 18, 1980
    ...for a writ of certiorari is "attributable to defendant" and should therefore not be taken into account. See State v. Albertsen, 228 N.W.2d 94, 97 (Iowa 1975). That leaves for our consideration a delay of ninety-three days, or thirty-three days longer than the sixty-day limit in se......
  • State v. Deases, No. 90-414
    • United States
    • Court of Appeals of Iowa
    • June 25, 1991
    ...to prepare on insanity issue, where defendant filed insanity notice on last day permitted for such motions); State v. Albertsen, 228 N.W.2d 94 (Iowa 1975) (delay caused by a pretrial appeal by the State sufficient to constitute good Delays attributable to the criminal justice system--includ......
  • Iowa v. Buckley, No. 1--56537
    • United States
    • United States State Supreme Court of Iowa
    • August 29, 1975
    ...remand is barred by our holding in State v. Johnson, 217 N.W.2d 609 (Iowa 1974), and by § 793.20, The Code. In State v. Albertsen, 228 N.W.2d 94 (Iowa 1975), an appeal by the State, we reversed an order dismissing a case for denial of speedy trial and remanded the case for trial. However, n......
  • Request a trial to view additional results

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