STATE v. MADPLUME

No. DA 07-0266.

176 P.3d 1071 (2008)

2008 MT 37

341 Mont. 321

STATE of Montana, Plaintiff and Appellant, v. Preston A. MADPLUME, Defendant and Appellee.

Supreme Court of Montana.

Decided February 5, 2008.


Attorney(s) appearing for the Case

For Appellant: Hon. Mike McGrath, Montana. Attorney General, John Paulson, Assistant Attorney General, Helena, Montana, Mitchell A. Young, Lake County Attorney, Polson, Montana.

For Appellee: Jim Wheelis, Chief Appellate Defender, David Avery, Assistant Appellate Defender, Helena, Montana.


Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 In October 2004 Preston A. Madplume (Madplume) was charged with the offense of sexual intercourse without consent after DNA evidence revealed the presence of the accuser's DNA on Madplume's finger. An omnibus hearing was scheduled but was continued seventeen times at Madplume's request. During this time Madplume signed a waiver of his right to a speedy...

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