State v. Ish

Summary

The Idaho Supreme Court affirmed Ish’s conviction and sentence after concluding that his 448-day delay before retrial did not violate his constitutional speedy-trial rights under the applicable balancing test. The court also upheld the denial of a venue change, the refusal to strike a probation-officer juror, the sentence imposed after retrial, and the denial of post-sentencing relief. The court held that the presumption of vindictiveness did not apply because the judge who imposed the second sentence had only ruled on a prior post-sentencing motion. No separate opinions were filed.