State v Tschida Brown
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Defendant appealed her misdemeanor convictions of driving while the privilege to do so was suspended, failing to carry proof of insurance, and driving under the influence. At issue was whether defendant received ineffective assistance of counsel when her counsel failed to file a motion to dismiss on grounds that she did not receive a speedy trial. The court held that defendant's attorney provided ineffective assistance where the attorney's failure to move for dismissal after six months following mistrial was deficient performance and did not meet the objective standard of reasonableness. The court also held that defendant suffered extreme prejudice as a consequence of her attorney's ineffective assistance of counsel. Therefore, the court remanded with instructions for the district court to dismiss and vacate defendant's charges.
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