State v. Bond

340 N.W.2d 276, 1983 Iowa Sup. LEXIS 1748
CourtSupreme Court of Iowa
DecidedNovember 23, 1983
Docket69289
StatusPublished
Cited by44 cases

This text of 340 N.W.2d 276 (State v. Bond) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bond, 340 N.W.2d 276, 1983 Iowa Sup. LEXIS 1748 (iowa 1983).

Opinions

WOLLE, Justice.

Defendant Marlon Bond appeals from his conviction for operating a motor vehicle under the influence of an alcoholic beverage in violation of Iowa Code section 321.281 (1981). The sole issue on this appeal is whether Bond was denied his right to a speedy trial. The trial court refused to dismiss the charges against Bond, finding good cause for failure of the State to bring [278]*278him to trial within ninety days from the date of the trial information. We affirm.

Bond was arrested on February 12, 1982, and was released on bond that same day. On March 16, 1982, Bond was charged by trial information with OMVUI, third offense. Arraigned on April 19, 1982, Bond pleaded not guilty and did not waive his right to a speedy trial. After Bond filed a written waiver of jury trial, the court administrator on May 29, 1982 scheduled trial for June 22, 1982. Even though the scheduled trial date was eight days after the ninety day limit for speedy trial under Iowa R.Crim.P. 27(2)(b) would have expired, Bond agreed to the trial date on condition that no further delay would occur.

Bond’s case was the second of three cases that were scheduled by the court administrator for trial on June 22. The first case scheduled for that day was also a criminal case, and a jury was being selected for that trial when the presiding judge learned that Bond had not waived speedy trial. Upon motion by the State for a continuance, resisted by Bond, the trial court rescheduled Bond’s trial for June 30. On June 29 Bond filed a motion to dismiss for failure to provide him a speedy trial, but after a hearing on June 30 just before the rescheduled trial was to begin, Bond’s motion was overruled. Trial resulted in conviction of Bond for OMVUI, third offense.

I. Principles Governing the Good Cause Determination.

This case must be viewed against the backdrop of a case both parties have relied upon, State v. Jennings, 195 N.W.2d 351 (Iowa 1972), and the more recent Iowa cases which have construed the former Iowa statute and present rule of criminal procedure providing a “good cause” exception to Iowa’s speedy trial requirement. Although our court in Jennings affirmed a trial judge’s finding of good cause because no judge could be found to try the case when the scheduled trial date arrived, we said:

This does not mean, however, particularly under existing judicial districting, chronic crowded dockets, sickness of a trial judge, or unavailability of judges due to vacation schedules will alone suffice as good cause for trial delay. The public policy inherent in § 795.2 requires trial within 60 days absent good cause, and it is the State’s duty to effectuate that policy.

195 N.W.2d at 356. Jennings was decided under the Iowa Code section then in effect requiring that a criminal defendant be brought to trial within sixty days from filing of charges “unless good cause to the contrary be shown.” Iowa Code § 795.2 (1966), as amended by 62 G.A. ch. 400, § 259 (1969). The same “good cause” exception has remained in our law since that time, although it is now a part of Iowa R.Crim.P. 27(2)(b) which provides for trial within ninety days rather than sixty days, reading:

If a defendant indicted for a public offense has not waived his right to a speedy trial he must be brought to trial within ninety days after indictment is found or the court must order the indictment to be dismissed unless good cause to the contrary be shown.

In Jennings and its progeny, we have sometimes found good cause present and sometimes held that the circumstances of the case required dismissal of charges for failure of the State to establish good cause. Although each case must be decided on its own factual circumstances, certain governing principles have emerged from our recent speedy trial cases.

Rule 27(2)(b) is narrower and more restrictive than the constitutional right to a speedy trial. Under the more general constitutional protection delineated in Barker v. Wingo, 407 U.S. 514, 530-33, 92 S.Ct. 2182, 2192-93, 33 L.Ed.2d 101, 116-19 (1972), the court must weigh all factors surrounding the claimed unfair delay, including the length of and reason for the delay, defendant’s specific assertion of his right to speedy trial, and the prejudice resulting from the claimed delay. Here, Bond does not allege a deprivation of his broader constitutional right to speedy trial.

[279]*279If trial is not commenced within the ninety day period prescribed by Rule 27(2)(b), the case must be dismissed unless one of three things has occurred: (1) the defendant has waived his right to a speedy trial, (2) the delay is attributable to the defendant, or (3) there is “good cause” for the delay. See, e.g., State v. Hamilton, 309 N.W.2d 471, 475 (Iowa 1981) (waiver of delay); State v. Petersen, 288 N.W.2d 332, 335 (Iowa 1980) (State established good cause for delay); State v. Ege, 274 N.W.2d 350, 354-55 (Iowa 1979) (delay attributable to defendant).

At the trial court level the burden is upon the State to show waiver, delay attributable to the defendant, or good cause for any delay beyond the time prescribed by statute or rule; if the State fails to establish such an exception, the case must be dismissed. State v. Lybarger, 263 N.W.2d 545, 547 (Iowa 1978); State v. LaPlant, 244 N.W.2d 240, 242 (Iowa 1976).

The good cause exception to trial within ninety days under Rule 27(2)(b) focuses on only one factor: the reason for the delay. Surrounding circumstances bear on the focal point of the inquiry but only to the extent that they relate directly to the sufficiency of the reason itself. Such circumstances as a relatively short period of delay, failure of the defendant to demand a speedy trial, and the absence of prejudice may allow a weaker reason to constitute good cause; a stronger reason may be necessary in the absence of such factors. State v. Moritz, 293 N.W.2d 235, 241 (Iowa 1980); State v. Petersen, 288 N.W.2d at 335.

When the State contends “court congestion” is the reason for delay, the trial court must distinguish between chronic court congestion and specific circumstances arising out of unique, non-recurring events which create a particular scheduling problem. Compare State v. Leonard, 240 N.W.2d 690, 692-93 (Iowa 1976) (complexity of case and general docket congestion not good cause for continuance), and State v. Hines, 225 N.W.2d 156, 158-59 (Iowa 1975) (failure to staff courtroom with sufficient jurors not good cause for continuance), with State v. Jennings,

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Bluebook (online)
340 N.W.2d 276, 1983 Iowa Sup. LEXIS 1748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bond-iowa-1983.