State v. Friberg

421 N.W.2d 376, 1988 WL 25127
CourtCourt of Appeals of Minnesota
DecidedMay 18, 1988
DocketC5-87-1703
StatusPublished
Cited by9 cases

This text of 421 N.W.2d 376 (State v. Friberg) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Friberg, 421 N.W.2d 376, 1988 WL 25127 (Mich. Ct. App. 1988).

Opinions

[377]*377OPINION

SEDGWICK, Judge.

This appeal is from an order and judgment denying the appellants’ motion for an order dismissing misdemeanor trespass charges. Appellants contend their constitutional right to a speedy trial was denied and that probation restrictions on their picketing activities unconstitutionally infringe on their first amendment rights. We affirm.

FACTS

On December 23, 1986, approximately thirty-five individuals were protesting and picketing in front of the Planned Parenthood Clinic in St. Paul. Appellants staged a “sit-in” inside the clinic facilities and were arrested and charged with criminal trespass when they refused several requests to leave the private property.

The appellants pleaded not guilty at their January 13, 1987 arraignment. The trial originally was scheduled for May 26, 1987, but was continued to June 22,1987 because of the large number of cases on the trial calendar at that time. On May 26, 1987, the appellants filed a written demand for a speedy trial. The trial, scheduled for June 22, 1987, did not take place because appellants filed a notice of removal against the judge scheduled to hear their case that day. The trial court stated “[t]here were no other judges available that week to hear the case,” and consequently “the matter was continued for a third trial date of August 17, 1987.”

Prior to trial, appellants moved to dismiss the trespassing charges contending their right to a speedy trial had been violated. The trial court denied the motion because the appellants’ notice of removal was filed when the court was “lacking at least two judges” and was “operating with a skeleton staff of judges,” and because the court concluded the appellants had not been prejudiced by the delay. The jury returned a guilty verdict as to all defendants.

The court sentenced each appellant to sixty days in the workhouse, or, in the alternative, probation for one year. The probation conditions required each appellant to pay a $330 fine, remain law abiding for one year, volunteer forty hours to community service programs, and refrain from coming “within 500 feet” of the Planned Parenthood Clinic in St. Paul. Two of the five appellants refused to abide by the probation conditions and were committed to the county workhouse. This court, by order of September 15,1987, granted the two appellants release pending appeal.

In a post trial motion, appellants moved for an order vacating the judgment contending their right to a speedy trial had been denied and arguing the probation condition prohibiting them from coming within 500 feet of the clinic was unconstitutional and “unduly restrictive.” The trial court denied appellant’s motion.

ISSUES

1. Did the trial court err by refusing to dismiss the charges against appellants when the appellants were not tried within sixty days after demanding a speedy trial?

2. Does the probation condition prohibiting appellants from coming within 500 feet of the clinic unconstitutionally restrict appellants’ first amendment rights?

ANALYSIS

1. Speedy Trial

Persons accused of crimes are entitled to a speedy trial. See U.S. Const. amend. VI; State v. Jones, 392 N.W.2d 224, 234 (Minn.1986) (“Through the fourteenth amendment, this right applies in state criminal proceedings.”); see also Minn. Const, art. I, § 6. Although the United States Supreme Court has declined to establish a fixed time period within which trials must occur, the Court has indicated that the states “are free to prescribe a reasonable period consistent with constitutional standards.” Barker v. Wingo, 407 U.S. 514, 523, 92 S.Ct. 2182, 2188, 33 L.Ed.2d 101 (1972). The Court has adopted a balancing test “in which the conduct of both the prosecution and the defendant are weighed.” Id. at 530, 92 S.Ct. at 2192 (footnote omitted).

[378]*378The Barker Court identified four general factors to consider in determining whether an individual has been deprived of his or her right to a speedy trial: (1) the length of delay; (2) the reason for the delay; (3) the individual’s assertion of the right; and (4) the prejudicé to the accused. Id.; see State v. Rossbach, 288 N.W.2d 714, 716 (Minn.1980) (analyzing speedy trial claims under the four factors identified in Barker).

Minnesota’s rules of criminal procedure establish guidelines for ensuring a speedy trial in misdemeanor cases.

A defendant shall be tried as soon as possible after entry of a not guilty plea. On demand made in writing or orally on the record by the prosecuting attorney or the defendant, the defendant shall be tried within sixty (60) days from the date of the demand unless good cause is shown by the prosecution or defendant why he should not be brought to trial within that period.

Minn.R.Crim.P. 6.06 (emphasis added). The sixty-day period prescribed in Rule 6.06 is “presumptive only”; the Barker factors “should still be considered.” State v. Curtis, 393 N.W.2d 10, 12 (Minn.Ct.App.1986).

a. Length of delay

The appellants in this case were arrested on December 23, 1986, and pleaded not guilty on January 13, 1987. The pretrial hearing originally scheduled for February 24 was continued to allow the appellants time to obtain counsel. The first trial was set May 26, but was continued because of a crowded court calendar. Appellants demanded a speedy trial on May 26, and the trial was reset for June 22. On that date, appellants filed a notice of removal which required the court to reassign the case and reschedule the trial to August 17, when it was held.

The twenty-three day period between the date of the appellants’ trial and the expiration of the sixty-day limit prescribed by Rule 6.06 represents a delay sufficient to trigger further analysis of the other three Barker factors. See Barker, 407 U.S. at 530-31, 92 S.Ct. at 2191-92.

b. Reason for the delay

According to the trial court, “it was necessary for the court to reschedule the [May 26] trial date for June 22, 1987” because at the time of the original trial date “there were 150 cases on the trial calendar.” However, the trial did not occur on June 22 because, on that day, the appellants filed a notice of removal. According to the trial court, “There were no other judges available that week to hear the case.” Consequently, the trial was rescheduled for August 17.

Delays caused by overburdened court systems and administrative difficulties should weigh against the government which must assume responsibility for bringing cases to trial. See Barker, 407 U.S. at 531, 92 S.Ct. at 2192. “The responsibility for an overburdened judicial system cannot * * * rest with the defendant.” Jones, 392 N.W.2d at 235.

Although the appellants’ trial was delayed because of the trial court’s administrative problems, at least part of the delay was due to the appellants’ actions. The initial pretrial conference was scheduled one and one-half months after the arraignment.

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State v. Friberg
421 N.W.2d 376 (Court of Appeals of Minnesota, 1988)
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423 N.W.2d 102 (Court of Appeals of Minnesota, 1988)

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Bluebook (online)
421 N.W.2d 376, 1988 WL 25127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-friberg-minnctapp-1988.