Hays v. Weber

[¶ 28.] I dissent on Issue 1. This majority opinion puts the final nail in the coffin of the 180-day rule. It effectively guts the 180-day rule and makes it a rule to be ignored.

[¶ 29.] “SDCL 23A-44-5.1 creates statutory rights in addition to a defendant’s constitutional right to a speedy trial.” State v. Hoffman, 409 N.W.2d 373, 374 (S.D.1987). The 180-day rule “serves two equally important functions: (1) the protection of the accused’s speedy trial rights, and (2) the protection of society[J” State v. Cross, 468 N.W.2d 419, 420 (S.D.1991) (quoting Commonwealth v. Brocklehurst, 491 Pa. 151,…