Pretrial Decisions—Lack of Prosecution

When a defendant argues that "the State violated her fundamental right to a speedy trial as guaranteed by the Sixth Amendment to the United States Constitution and Article II, Section 24 of the Montana Constitution by failing to prosecute her case in a timely manner", the Montana Supreme Court will review the trial court's determination whether the defendant has been denied the constitutional right to a speedy trial for correctness.  State v. Lewis, 2007 MT 16, ¶¶ 7, 10, 335 Mont. 331, 151 P.3d 883.