John J. Carden, A/K/A James J. Carden, and Gloria (Eusek) Carden v. State of Montana

The State of Montana is appealing from the district court’s grant of appellees’ pretrial petition for habeas corpus. The district court found that appellees John and Gloria Carden had been denied their constitutional right to a speedy trial and that habeas relief was proper because the Car-dens had exhausted their state remedies. We reverse.

I. FACTS

The Cardens were charged with crimes related to Gloria Carden’s $5,000 worker’s compensation award. The information was filed on December 20, 1974. Because of a lengthy procedural delay caused by the actions of both the prosecution and the defense, the Cardens moved for a dismissal alleging a violation of their constitutional right to a speedy trial.

A Montana State trial court granted the Cardens’ motion but the Montana Supreme Court reversed. The Cardens then petitioned the United States District Court for habeas corpus relief. The district court ordered discovery and found as a fact that the State had disqualified a state trial judge for tactical purposes after he had been on the case for seven months. The district court concluded that the State bore the greater responsibility for the delay and that the delay had prejudiced the…