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CARDEN v. STATE OF MONTANA

No. 78-3095.

626 F.2d 82 (1980)

John J. CARDEN, a/k/a James J. Carden, and Gloria (Eusek) Carden, Petitioners-Appellees, v. STATE OF MONTANA, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 8, 1980.

Attorney(s) appearing for the Case

Michael T. Greely, Atty. Gen., argued, Robert S. Keller, Asst. Atty. Gen., Helena, Mont., on brief, for respondent-appellant.

Wade J. Dahood, Anaconda, Mont., for petitioners-appellees.

Before GOODWIN and FARRIS, Circuit Judges and TAYLOR, District Judge.

FARRIS, Circuit Judge:

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 Cardens had exhausted their state remedies. We reverse.

I. FACTS

The Cardens were charged with...

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