Idaho Code
Idaho Code

Idaho Code § 19-106 (2026)

Rights of defendant. 

✓ current as of May 2026
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Rights of defendant. 

In a criminal action the defendant is entitled:

1.  To a speedy and public trial.
2.  To be allowed counsel as in civil actions, or to appear and defend in person and with counsel.
Notes of Decisions
Cited in 14 cases, 1966–2018 · leading case: State v. Carter, 655 P.2d 434 (Idaho 1982).
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State v. Carter, 655 P.2d 434 (Idaho 1982). · cites it 8× “Various pretrial matters were then raised by both parties. Trial was set for mid-March, 1978, although the record is not specific as to the date.”
State v. Horsley, 792 P.2d 945 (Idaho 1990). · cites it 8× “I.C. § 19-106 states the speedy trial right, and I.”
State v. Hernandez, 990 P.2d 742 (Idaho Ct. App. 1999). · cites it 4× “Hernandez also alleges a violation of I.C. § 19-106, which provides that "in a criminal action the defendant is entitled: (1) to a speedy and public trial.”
State v. Stuart, 745 P.2d 1115 (Idaho Ct. App. 1987). · cites it 4× “The right to a speedy trial is guaranteed by the sixth amendment to the United States Constitution and by article 1, section 13 of the Idaho Constitution.”
State v. Brashier, 905 P.2d 1039 (Idaho Ct. App. 1995). · cites it 6× “On appeal, Brashier reasserts that the denial of parole constituted a deprivation of his liberty implicating his rights to speedy trial under the United States Constitution, the Idaho Constitution and I.C. § 19-106. A. Sixth Amendment The Sixth Amendment to the United States…”
State v. Crawford, 577 P.2d 1135 (Idaho 1978). · cites it 2× “I.C. § 19-106 also guarantees to a defendant “in a criminal action” the right “to appear and defend in person and with counsel.”
Jacobson v. Winter, 415 P.2d 297 (Idaho 1966). · cites it 4× “1, § 13, and I.C. § 19-106 and I.C. § 19-3501, which latter section deals with the requirement of when the indictment or information must be filed and when the party charged shall be tried.”
United States v. Albert E. Mills. United States of Am. v. Kenneth B. Wonson, 964 F.2d 1186 (D.C. Cir. 1992). “Idaho Code § 19-106 (1987) (for specific times see Idaho Crim.”
State v. Wilbanks, 509 P.2d 331 (Idaho 1973). · cites it 2× “32 In summary, we conclude, that the sequence of events involving the prior arrest records was not so inherently prejudicial as to have required the declaration of a mistrial, particularly in light of the district court’s action in striking the testimony and admonishing and…”
State v. Johnson, 803 P.2d 557 (Idaho Ct. App. 1990). · cites it 2× “The right to a speedy trial is guaranteed by the Sixth Amendment to the United States Constitution and by Article I, Section 13 of the Idaho Constitution.”
Balla v. State, 544 P.2d 1148 (Idaho 1976). · cites it 2× “I.C. §§ 19-106, 19-3501(2), 19-3502; State v.”
State v. Garcia, 892 P.2d 903 (Idaho Ct. App. 1995). · cites it 2× “The sole issue on appeal is whether Garcia’s right to a speedy trial was denied in the proceedings before the district court. Garcia relies upon the speedy trial guarantees of the Sixth Amendment to the United States Constitution; Article I, Section 13 of the Idaho Constitution;…”
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