State v. Eklund

Defendant Robert John Eklund was found guilty of sexual intercourse without consent following a jury trial in the District Court for the Eleventh Judicial District, Flathead County. Eklund moved to dismiss the charge due to lack of a speedy trial, and moved for a mistrial contending that the court allowed the State to introduce inadmissible character evidence at trial. The District Court denied both motions. Eklund appeals.

We affirm in part, reverse in part, and remand for retrial.

The issues are:

1. Was Eklund denied a speedy trial since 197 days elapsed between his arrest and his trial?

2. Did…