8th Circuit decides N.D. case Tuesday, August 13, 2024

The 8th Circuit Court of Appeals affirmed the district court decision in United States v. Robert Wolter on Tuesday, August 13th.

"In January 2019, Robert Wolter robbed a bank in Bismarck, North Dakota, taking approximately $6,800. He was later arrested in February 2019 for smuggling bulk cash while attempting to fly to Ghana. Those charges were dismissed in February 2020, and he was subsequently arrested for bank robbery. Wolter was arraigned in July 2020. He filed multiple motions to continue the trial, delaying it significantly. He also requested a psychological evaluation, which further delayed proceedings. Wolter eventually moved to dismiss the indictment, claiming his right to a speedy trial was violated under the Speedy Trial Act (STA) and the Sixth Amendment.

The United States District Court for the District of North Dakota denied Wolter's motion to dismiss. The court found that most delays were excludable under the STA and that the government did not negligently or intentionally cause delays. The court calculated that only 31 days of non-excludable time counted toward the STA. Regarding the Sixth Amendment claim, the court found no evidence of government misconduct and attributed most delays to Wolter. The court also found no demonstrable prejudice to Wolter due to the delays. Wolter was convicted of bank robbery by a jury in January 2023 and sentenced to 60 months of imprisonment.

The United States Court of Appeals for the Eighth Circuit reviewed the case. The court affirmed the district court's decision, finding that the delays were either excludable under the STA or attributable to Wolter. The court concluded that only 46 days of non-excludable time counted toward the STA, well below the 70-day limit. Additionally, the court applied the Barker v. Wingo balancing test and determined that Wolter's Sixth Amendment right to a speedy trial was not violated, as the delays were largely due to his own actions and did not result in demonstrable prejudice." (Summary from: https://law.justia.com/cases/federal/appellate-courts/ca8/23-1848/23-1848-2024-08-13.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2024-08-14-us-court-of-appeals-for-the-eighth-circuit-3d8ff7840a&utm_content=text-case-title-4)

Read the complete opinion here: https://media.ca8.uscourts.gov/opndir/24/08/231848P.pdf