State v. Gottschalk

I agree with my colleagues that Criminal Rule 45 was not violated in this case. I further agree that the facts of this case demonstrate that there is a problem with the way that Rule 45(c)(1) defines the starting date for the speedy trial clock.

*1173 Background of the provision at issue in this case

Criminal Rule 45 specifies the time limit for bringing a defendant to trial. Prior to 1993, the starting date for calculating Rule 45 was “the date [on which] the defendant [was] arrested [or] initially arraigned, or ... the date [on which] the charging document was] served upon the defendant, whichever…