State v. Scroggie

Idaho Code § 19-3501(2) provides that, absent a showing of good cause to the contrary, a criminal prosecution must be dismissed when the defendant is not brought to trial within six months from the date the indictment or information is filed (unless the trial is postponed upon application of the defendant). The instant case raises the question whether I.C. § 19-3501(2) applies to the retrial of an action following remand upon an appeal. We hold that it does not.

In 1980, Jesse Scroggie was found guilty by a jury of second-degree murder. The judgment of conviction was subsequently reversed on…