HILL, Justice.
[¶ 1] Nathaniel Castellanos was arrested on August 23, 2011, and charged with two counts of first degree murder and one count of attempted first degree murder in connection with the shooting of three persons in his home. He was arraigned on October 3, 2011, and his jury trial began on February 18, 2014—910 days after his arrest and 869 days after his arraignment. The jury returned a guilty verdict on all three charges but declined to impose the death penalty. The district court thereafter sentenced Mr. Castellanos to three consecutive sentences of life without the possibility of parole.
[¶ 2] On appeal, Mr. Castellanos claims a violation of his right to a speedy trial under Wyoming Rule of Criminal Procedure 48 and the United States Constitution. He also claims ineffective assistance of counsel and error in the jury selection process. We affirm.
[¶ 3] Mr. Castellanos states the issues on appeal as follows:
[¶ 4] On August 23, 2011, Mr. Castellanos decided to take a few days leave from his employment to deal with the stress he was experiencing from a break-up with his fiancé that afternoon and from child custody disputes he was having with his ex-wife. That evening, he sent text messages to his friend Megan McIntosh inviting her for a beer and to play poker at Mingles Bar in Cheyenne, Wyoming. The two exchanged text messages in which Ms. McIntosh told Mr. Castellanos that she now had a boyfriend and probably could not make it to the bar in time for the poker game. Mr. Castellanos replied that she should bring her boyfriend and they could just have a drink.
[¶ 5] At around 8:00 to 8:30 that evening, Ms. McIntosh went to Mingles Bar with her boyfriend, Corey Walker, and her roommate, Amber McGuire. When they arrived at Mingles, they got their drinks and sat at a table. Ms. McIntosh then approached Mr. Castellanos at the bar where he was seated. She talked with him for a bit and then the two returned to the table, where Mr. Castellanos introduced himself to Mr. Walker and Ms. McGuire. After visiting for a while, the four decided to leave the bar and go to Mr. Castellanos' home.
[¶ 6] At Mr. Castellanos' home, the four sat on his patio and had drinks. At some point, Mr. Castellanos asked if any of them knew where they could get some marijuana, and Ms. McGuire said she knew of someone who might be able to sell them some. Ms. McGuire made arrangements to meet that person at King Soopers, and the four got in Mr. Walker's car. On the way to King Soopers, Ms. McGuire became concerned with the way Mr. Castellanos was acting because he kept asking about the person they were meeting and he wanted to personally meet him. Ms. McGuire was concerned that Mr. Castellanos might be an informant so she called off the meeting.
[¶ 7] The four returned to Mr. Castellanos' home, and Ms. McGuire, Ms. McIntosh, and Mr. Walker went upstairs into the dining room/kitchen area. Mr. Castellanos then came running up the stairs, entered the dining room/kitchen area, and shot Mr. Walker. Mr. Castellanos next turned to Ms. McIntosh and yelled, "You stupid lying bitch. How could you do this to me[?] Don't you love me?" Ms. McIntosh was crying and trying to tell Mr. Castellanos to call 911. She crouched down and held a hand over her head, and Mr. Castellanos shot her. Mr.
[¶ 8] At approximately 10:47 that evening, a neighbor of Mr. Castellanos called 911 because she had heard the shots fired in Mr. Castellanos' home. The neighbor reported that she heard one shot followed by screaming and then two more shots. Officer Matthew Colson of the Cheyenne Police Department was the first to respond to the reported shots and arrived at the scene at 10:51 p.m. He first drove slowly through the neighborhood with his headlights off and then parked and began to walk the neighborhood on foot. Officer James Eddy arrived at 10:58 p.m. while Officer Colson was walking the neighborhood.
[¶ 9] When Officer Eddy got out of his vehicle, both officers heard another gunshot from inside Mr. Castellanos' home. The officers approached the house, with Officer Colson staying in a position to maintain a line of sight with the front of the house, and Officer Eddy working his way to the back of the house. As Officer Eddy approached the back of the house, he could see Mr. Castellanos standing in front of the kitchen window behaving in what appeared to be a calm manner. Officer Eddy watched Mr. Castellanos for a moment and then illuminated his flashlight and made verbal contact with him. Officer Eddy ordered Mr. Castellanos to exit the house with his hands raised, and Mr. Castellanos complied. As Officer Eddy handcuffed Mr. Castellanos, Mr. Castellanos told him that the man who did the shooting had run out the front door. When Officer Eddy told him no one came out the front door, Mr. Castellanos told him the shooter must have run downstairs.
[¶ 10] When additional officers arrived, a search of Mr. Castellanos' entire residence was conducted. Officers found the three victims but no other persons were found in the home. Officers also found a wet handgun on the kitchen counter next to a wet paper towel with blood on it. Mr. Castellanos told the investigating detective that the handgun was his and that he had tried to clean the weapon and his own hands after wrestling the gun away from the shooter.
[¶ 11] Mr. Walker and Ms. McIntosh each suffered a single gunshot wound to the forehead and died from their injuries. Ms. McGuire suffered two gunshot wounds to the head and survived her injuries.
[¶ 12] Mr. Castellanos was taken into custody on August 23, 2011, and a warrant for his arrest was issued on August 26, 2011. On August 26, 2011, the State filed an information charging Mr. Castellanos with two counts of first degree murder and one count of attempted first degree murder. The proceedings following Mr. Castellanos' arrest were prolonged, and because Mr. Castellanos has asserted a violation of his right to a speedy trial, we must set forth those proceedings and their dates in some detail.
[¶ 13] On August 26, 2011, the circuit court issued a notice of setting that scheduled Mr. Castellanos' preliminary hearing for September 1, 2011. On August 31, 2011, Mr. Castellanos filed a Waiver of Speedy Preliminary Hearing and moved to continue the preliminary hearing. The preliminary hearing was continued to September 8, 2011, and following that hearing, Mr. Castellanos was bound over to the district court.
[¶ 14] On September 16, 2011, the district court, the Honorable Peter G. Arnold presiding, issued an order setting Mr. Castellanos' arraignment for September 26, 2011. On September 22, 2011, Mr. Castellanos requested a re-setting of the arraignment, and on that same date, the arraignment was continued to October 3, 2011. On October 3, 2011, the court held Mr. Castellanos' arraignment
[¶ 15] On October 14, 2011, the district court entered an order setting October 31, 2011 as the State's deadline to elect whether to seek the death penalty. On October 25, 2011, Mr. Castellanos moved to extend that deadline to allow the defense an additional ninety days in which to submit information that might dissuade the State from seeking the death penalty. On October 26, 2011, the court held a hearing on the defense motion. During that hearing, the court asked whether defense counsel would concede that the delay caused by the extension would be attributable to the defendant and then ordered both parties to brief the question. At that point, defense counsel informed the court that Mr. Castellanos was not willing to waive his right to a speedy trial. On November 15, 2011, the parties filed a stipulated agreement regarding the State's deadline for making its death penalty election. The parties agreed that the defense would submit mitigating evidence to the State on or before December 23, 2011, and the State would announce its election on or before December 30, 2011. The parties further stipulated:
[¶ 16] On November 15, 2011, the district court entered an order setting the deadlines to which the parties stipulated and also providing:
[¶ 17] On December 27, 2011, the State filed its Notice of Intent to Seek Death Penalty. The State cited the following aggravating circumstances in support of its notice:
[¶ 18] Mr. Castellanos' trial was originally set for March 20, 2012. On January 6, 2012, defense counsel filed a motion to continue the trial for a period of eighteen months.
[¶ 19] Although the district court had ordered that pending motions would be considered at a motions hearing on January 18, 2012, the court emailed all counsel on January 10, 2012, and requested that the parties be present for a hearing that day regarding the defense motion to continue. The court informed counsel:
[¶ 20] State Public Defender Diane Lozano did appear at the January 10, 2012 hearing. Ms. Lozano advised the court that the two public defenders whom she felt were most qualified to serve as lead counsel in a death penalty case would not be available until the middle to end of February 2012.
[¶ 21] The district court did not decide the defense motion to continue during the January 10th hearing and instead took the matter under advisement. In doing so, the court directed that Mr. Castellanos be appointed separate counsel to advise him on his speedy trial right and on the filing of objections to the requested continuance.
[¶ 22] The State objected to the defense motion to continue both during the January 10, 2012 hearing and in a written opposition filed on January 11, 2012. In its written opposition, the State particularly objected to a continuance of eighteen months and asked that if a continuance were granted, that it be a much shorter continuance and that the trial be scheduled by August 2012. In its written opposition, the State also took issue with the defense assertion that the continuance was necessary due to delays in receiving discovery from the State:
[¶ 23] On January 17, 2012, the district court held a second hearing on the defense motion to continue. The attorney appointed to advise Mr. Castellanos on his speedy trial right was present and informed the court that Mr. Castellanos would not waive his right to a speedy trial and objected to the requested continuance. The court then ruled that it would grant the continuance on the court's own motion in the due administration of justice.
[¶ 24] On January 24, 2012, the district court issued its written Order Continuing Trial. The court explained its ruling and invited Mr. Castellanos to inform the court of any prejudice resulting from the continuance:
[¶ 25] On February 21, 2012, the district court issued an order setting Mr. Castellanos' trial to begin on August 14, 2012. On February 24, 2012, Defense Team One moved to withdraw as counsel for Mr. Castellanos on the ground that counsel from the Public Defender's Office with prior capital case experience had been assigned as lead counsel for Mr. Castellanos. On February 27, 2012, the court held a hearing on Team One's motion to withdraw. One of Mr. Castellanos' new attorneys, Kerri Johnson, was present for that hearing and informed the court that she and Robert Oldham would be formally entering their appearance on behalf of Mr. Castellanos later that day. Ms. Johnson also informed the court that she could not be prepared to go to trial by the original mid-March trial date, but that she would be filing a speedy trial demand on behalf of Mr. Castellanos, and that the trial should not be continued past the August date without a speedy trial waiver.
[¶ 26] On February 27, 2012, Ms. Johnson and Mr. Oldham (Defense Team Two), formally entered their appearance for Mr. Castellanos and filed a demand for a speedy trial pursuant to W.R.Cr.P. 48. On March 2, 2012, Mr. Castellanos signed and filed his objection to the continuance of the March trial date. On March 8, the district court issued an order in response to Mr. Castellanos' objection. The court ruled:
[¶ 27] On July 30, 2012, Defense Team Two filed a motion to continue Mr. Castellanos' August 14, 2012 trial. As grounds for the motion, defense counsel asserted: 1) that the testimony of Amber McGuire, the surviving victim, had recently changed; and 2) the defense team's mitigation investigation was not yet complete and had been complicated by recent mental health evaluations which required further investigation into Mr. Castellanos' medical history, the records of which were located outside the United States. The State opposed the motion to
[¶ 28] On July 30, 2012, Defense Team Two also filed a motion to suspend proceedings to determine Mr. Castellanos' competency to proceed. In support of this motion, defense counsel cited a recent evaluation by a mental health professional, which counsel felt required additional time to investigate the causes, effects, severity and duration of the diagnosed mental illness. Defense counsel further asserted:
[¶ 29] On August 7, 2012, the district court entered an Order to Suspend Proceedings Pending Evaluation of the Defendant Pursuant to W.S. 7-11-303(a). The court ordered that Mr. Castellanos be transported to the Wyoming State Hospital and that the State Hospital complete its evaluation of Mr. Castellanos and file its report within thirty days. On August 30, 2012, the State Hospital requested a thirty-day extension of its reporting deadline:
[¶ 30] On August 30, 2012, the district court granted the Hospital's requested thirty-day extension to complete the evaluation and report. On November 1, 2012, the State filed a motion to compel requesting an order compelling the State Hospital to produce its report for the evaluation of Mr. Castellanos. On November 2, 2012, the State Hospital requested a second thirty-day extension to complete its evaluation and report:
[¶ 31] On November 2, 2012, the district court entered an order granting the State Hospital's request for a second thirty-day extension. On November 19, 2012, the State Hospital issued its evaluation report for Mr. Castellanos. The report concluded:
[¶ 32] On November 28, 2012, through an exchange of emails, Judge Arnold learned that neither defense counsel nor counsel for the State had received copies of the State Hospital's report, and on November 29, 2012, the district court mailed the report to both. On November 30, 2012, the report was filed with the district court, and on that same date the district court sua sponte issued an order setting a scheduling conference for December 7, 2012. On December 5, 2012, in an exchange of emails concerning the logistics of the December 7th hearing, defense counsel informed the court they would be requesting a second evaluation of Mr. Castellanos' competency
[¶ 33] The district court went forward with the scheduling hearing on December 7, 2012. The first issue the court addressed during that hearing was the indication of Mr. Castellanos' dissatisfaction with Defense Team Two contained in the State Hospital's report:
[¶ 34] During the scheduling hearing, the district court discussed the possibility of terminating the suspension of proceedings to allow the court an opportunity to rule on the issues concerning Defense Team Two's continuing representation of Mr. Castellanos. With the agreement of counsel for both parties, the court concluded the better course was to first resolve the request for a second competency evaluation. The court then turned to the question of scheduling the trial, commenting that "if we delay setting a date, that just sets things out further in the future, which is not in anybody's interest."
[¶ 35] The parties agreed that the trial would take four weeks. The earliest date the district court could accommodate a four-week trial was in June 2013, but the parties agreed that logistically that date would not work because it would not allow sufficient time to issue jury questionnaires and have them returned. The court ultimately decided, with the agreement of counsel, that the trial
[¶ 36] On December 12, 2012, the district court issued an order setting Mr. Castellanos' trial to begin on September 3, 2013. On that same date, December 12, 2012, defense counsel filed their written request for a second competency evaluation, to which the State filed a written objection. On December 20, 2012, the district court issued an Order to Suspend Proceedings Pending a Second Evaluation of the Defendant Pursuant to W.S. 7-11-303(d). The order directed that the second evaluation be completed by an evaluator of defense counsel's choosing and that the evaluation be completed within thirty days. On January 7, 2013, defense counsel filed a motion requesting a thirty-day extension of the evaluation deadline, citing delays in processing the contract with the evaluator. On January 9, 2013, the district court issued an order granting the thirty-day extension.
[¶ 37] On January 14th and 17th, 2013, two new public defenders (Defense Team Three), Tina Olson and Dylan Rosalez, entered their appearance as counsel for Mr. Castellanos. On January 23, 2013, Ms. Johnson and Mr. Oldham, moved to withdraw as counsel because Mr. Castellanos was unwilling to continue with them as his appointed counsel. The district court granted that motion.
[¶ 38] On February 5, 2013, Defense Team Three filed a notice of their withdrawal of the request for a second competency evaluation and requested that the district court make findings as to Mr. Castellanos' competency to proceed. On March 5, 2013, the district court held a status hearing at which it addressed the defense request to make competency findings. The court indicated it would be entering written findings adopting the State Hospital's determination that Mr. Castellanos was competent to proceed, and neither party objected. Counsel for the State then sought confirmation that the delay occasioned by the competency proceedings and the change in counsel would be properly accounted for under W.R.Cr.P. 48, and the following exchange ensued:
[¶ 39] On March 22, 2013, the district court entered an Order Finding Defendant Competent to Proceed. In that order, the court made findings concerning Mr. Castellanos' competence to proceed and ordered that the suspension of proceedings be lifted.
[¶ 40] On May 4, 2013, defense counsel sent an email to the Laramie County District Attorney concerning a misdemeanor case that office had filed against Mr. Castellanos. Counsel expressed concerns that the trial on the misdemeanor matter would take away time from other preparations and commented that "I am already extremely concerned about time and the status of the other matter." Defense counsel copied counsel for the State and Judge Arnold with the email, which prompted the district court to set a status conference.
[¶ 41] On May 22, 2013, the district court held the scheduled status conference. During the status conference, defense counsel informed the court that the defense would be filing a motion to continue requesting that the trial be continued for a period of six months. As grounds for the continuance, Ms. Olson stated that the defense investigation was not complete and would not be complete by the September 2013 trial date and an important defense mitigation witness would not be available for the trial in September. The State strenuously objected to any further delay. Regarding Mr. Castellanos' position on the continuance, defense counsel stated:
[¶ 42] The court did not rule on the motion to continue during the status conference and instead set deadlines for the defense to file its motion and for the State and Mr. Castellanos to object. The court directed that the defense motion detail the preparation completed to date, the preparation remaining, and the reasons the remaining preparation would not be completed by the currently scheduled trial date.
[¶ 43] On June 4, 2013, defense counsel filed Defendant's Third Motion to Continue Trial. The defense motion cited the importance of mitigation evidence in a capital case and then outlined in detail, with supporting affidavits, the mitigation work completed and that remaining. The motion identified two reasons in particular that the defense mitigation investigation was taking longer than it might in other cases. First, Mr. Castellanos emigrated from Guatemala to the United States and thus the collection of certain records required the use of a translator and forms appropriate under that country's protocols. Second, those members of Mr. Castellanos' family who were United States residents were not Wyoming residents. They resided on the east and west coasts, which required more travel and time to conduct the mitigation investigation. One of the motion's supporting affidavits also noted the impact of Mr. Castellanos' competency evaluation on the mitigation investigation:
[¶ 44] Mr. Castellanos opposed the motion to continue with his pro se filing of Defendant's Motion to Show Great Cause of Prejudice for Violation of Due Process. The State also filed a written opposition to the motion to continue, supported by victim affidavits asserting their interest in having the trial proceed with no further delay.
[¶ 45] Contemporaneous with the filing of the defense motion to continue, defense counsel also filed on June 4, 2013, a motion to dismiss for violation of Mr. Castellanos' constitutional
[¶ 46] On July 8, 2013, the district court also entered an Order of Assignment. The court ruled that the ends of justice would be best served by an assignment of the case and ordered that the case be assigned to the Honorable Thomas T.C. Campbell. On July 10, 2013, the district court, Judge Campbell presiding, issued a Scheduling Order setting Mr. Castellanos' trial to begin on February 18, 2014. On September 13, 2013, the court held a hearing on the defense motion to dismiss for lack of speedy trial, and on October 8, 2013, the court entered an order denying the motion. In so ruling, the court found the delay in the case "was not unreasonable given a majority of the delay is attributable to the Defendant and the Defendant has suffered no prejudice."
[¶ 47] Mr. Castellanos' trial began on February 18, 2014. On March 7, 2014, the jury returned a verdict of guilty on all three counts of the information against Mr. Castellanos. The penalty phase of the trial began on March 10, 2014, and on March 14, 2014, the jury returned its verdict imposing life without parole as the appropriate sentence on the two counts of first degree murder. On May 15, 2014, the district court entered its Judgment and Sentence, which implemented the jury's sentence on the two counts of first degree murder and also sentenced Mr. Castellanos to life without the possibility of parole on the attempted first degree murder count, for a total sentence of three consecutive terms of life without the possibility of parole. On May 27, 2014, Mr. Castellanos timely filed his notice of appeal to this Court.
[¶ 48] Mr. Castellanos asserts a violation of his right to a speedy trial under both W.R.Cr.P. 48(b) and the Sixth Amendment to the United States Constitution. Our review of such claims under Rule 48(b) and the Sixth Amendment is de novo. Rhodes v. State, 2015 WY 60, ¶ 9, 348 P.3d 404, 407 (Wyo.2015); Ortiz v. State, 2014 WY 60, ¶ 32, 326 P.3d 883, 892 (Wyo.2014).
[¶ 49] W.R.Cr.P. 48(b) is a procedural mechanism for enforcing a defendant's constitutional right to a speedy trial, and compliance with the rule is mandatory. Dean v. State, 2003 WY 128, ¶¶ 50-52, 77 P.3d 692, 706 (Wyo.2003); Taylor v. State,
[¶ 50] Mr. Castellanos was arraigned on October 3, 2011, and his trial was originally set to begin on March 20, 2012, 169 days after his arraignment.
[¶ 51] Rule 48(b) specifies two categories of time that do not count toward the 180-day limit and that we therefore subtract from the 869-day total in this case—those periods excluded by subsection (b)(3) and those periods that resulted from a continuance in compliance with subsection (b)(4). The rule defines those periods as follows:
W.R.Cr.P. 48(b) (LexisNexis 2015).
[¶ 52] The district court originally set a trial date of March 20, 2012, for Mr. Castellanos. This date was 169 days after Mr. Castellanos' arraignment date and within the Rule 48(b) 180-day deadline. On January 24, 2012, however, the court granted a defense motion to continue the trial, over Mr. Castellanos' objection, and thereafter set a new trial date of August 14, 2012. Because Mr. Castellanos objected to the continuance, the court granted the continuance on its own motion pursuant to Rule 48(b)(4)(B)(iii). In doing so, the court found the continuance was in the interests of the due administration of justice and would not substantially prejudice Mr. Castellanos. Mr. Castellanos concedes the delay of trial from March 20, 2012 to August 14, 2012 does not count against the 180-day clock.
[¶ 53] The August 14, 2012 trial date was voided when, on August 7, 2012, the district court granted the defense motion for a competency evaluation and entered an order suspending proceedings. The following dates are relevant to our analysis of the delay between the August 14, 2012 trial date and the third trial date of September 3, 2013:
[¶ 54] Rule 48(b) excludes from the 180-day calculation "[a]ll proceedings related to the mental illness or deficiency of the defendant." W.R.Cr.P. 48(b)(3)(A). Mr. Castellanos contends the only period properly excluded pursuant to this provision is the period from August 14, 2012 to November 19, 2012, when the State Hospital issued its report finding Mr. Castellanos competent to proceed. We disagree.
[¶ 55] Nothing in Rule 48(b)(3)(A) specifies that the proceedings related to a defendant's mental health or deficiency terminate upon the issuance of an opinion that the defendant is competent to proceed. To the contrary, we have said that "[w]here the primary reason for the delay is the determination of the defendant's mental competency to stand trial, Wyoming law requires suspension of all criminal proceedings
[¶ 56] It was not until the defense withdrew its request for a second evaluation that the district court was in a position to determine Mr. Castellanos' competency to proceed, which the court did on March 22, 2013, when it determined that Mr. Castellanos was competent to proceed. Until that point, the proceedings related to Mr. Castellanos' competency remained pending.
[¶ 57] The facts of this case are analogous to those this Court addressed in Potter v. State, 2007 WY 83, 158 P.3d 656 (Wyo.2007). In Potter, the defendant entered a plea of not guilty by reason of mental illness and claimed he was not competent to proceed. Potter, ¶ 5, 158 P.3d at 659. This occurred on October 21, 2004, and on October 25, 2004, the district court suspended proceedings pending a competency evaluation. Id., ¶¶ 5-6, 158 P.3d at 659. On November 23, 2004, the defendant filed a speedy trial demand and a motion withdrawing his request for a
[¶ 58] On January 6, 2005, the district court in Potter held another hearing and received expert testimony that the defendant was competent to proceed. Potter, ¶ 25, 158 P.3d at 662-63. The district court agreed with the psychologist and declared the defendant competent to proceed. Id. During the hearing, though, another issue arose concerning the defendant's ability to present evidence of his mental state at trial. Id., ¶ 26, 158 P.3d at 663. The court ordered additional briefing on the question and scheduled additional argument on the question for January 20, 2005. Id., ¶ 27, 158 P.3d at 663. In light of these proceedings, we held that even though the court had received expert testimony that the defendant was competent to proceed, the defendant's mental status remained at issue at least until the January 20th hearing. Id. The Rule 48(b) exclusion for proceedings related to a defendant's mental illness or deficiency therefore excluded the entire period from October 21, 2004 through January 20, 2005 from the 180-day calculation.
[¶ 59] Similarly, in this case, Mr. Castellanos' competency to proceed remained an issue, and the proceedings related to his competency remained pending, until the district court accepted the State Hospital's findings and declared him competent to proceed on March 22, 2013. We thus conclude that the period of delay covered by proceedings related to Mr. Castellanos' competency to proceed was August 14, 2012 to March 22, 2013, and that period is excluded from the 180-day calculation pursuant to Rule 48(b)(3)(A).
[¶ 60] This brings us to the remaining delay before the third trial date, the period of March 23, 2013 to September 3, 2013. Mr. Castellanos contends this period must be counted against the 180-day clock because Mr. Castellanos objected to any continuance and the district court did not make a motion to continue the trial in the due administration of justice. In so contending, Mr. Castellanos argues that in Detheridge v. State, 963 P.2d 233 (Wyo.1998), this Court interpreted Rule 48(b) to require a formal motion to continue and findings that a continuance is required in the due administration of justice before a continuance may be granted over the objections of a defendant. We again disagree.
[¶ 61] In Detheridge, the defendant filed a speedy trial demand and the district court set an initial trial date in compliance with Rule 48. Detheridge, 963 P.2d at 234. Thereafter, the defendant filed a motion to dismiss based on a constitutional challenge to the statute under which he was charged. Id. While that motion was pending, the defendant's trial date passed without entry of a continuance or a new setting. Id. After the motion was decided, the district court still did not set a new trial date. Id. Eventually, with only a few days remaining on the Rule 48 clock, the State filed a motion requesting a trial setting. Id. The request did not include a motion to continue or an explanation for the delay. Id. The district court did not set a trial date, and nothing was done on the case until the defendant filed a motion to dismiss for lack of a speedy trial. Id. The district court denied the motion and then set a trial date. Id.
[¶ 62] We held that the defendant's right to a speedy trial was violated based on the district court's clear violation of Rule 48. Detheridge, 963 P.2d at 236. We explained:
Detheridge, 963 P.2d at 236.
[¶ 63] Our holding in Detheridge did not impose a set of specific procedural requirements to which a court must adhere in re-setting a trial date, but instead admonished the "callous disregard" of Rule 48. See Germany v. State, 999 P.2d 63, 67 (Wyo.2000) (distinguishing Detheridge because the facts did not "evince the callous disregard of the speedy trial rule illustrated in Detheridge"). Our concern was not with the mechanics of a trial court's setting of a trial date, but rather with the court's attention to the grounds on which a trial date may be continued beyond the 180-day mark.
[¶ 64] There is no question in this case that in resetting the trial date after Mr. Castellanos' competency proceedings voided the August 14, 2012 setting, the district court acted with due regard for Rule 48's requirements. The court recognized that finding space in its calendar for a four-week trial would be difficult, and rather than waiting for a motion, it attempted to minimize the delay by sua sponte setting a scheduling conference before the suspension of proceedings had even been lifted. The court then picked the earliest possible date that would accommodate a four-week trial and allow the court to complete the necessary pretrial requirements, such as summoning the jury panel and issuing juror questionnaires.
[¶ 65] As a practical matter, a trial cannot be set to begin the moment a suspension of proceedings is lifted. We recognized this in Rodgers v. State, 2011 WY 158, 265 P.3d 235 (Wyo.2011). In Rodgers, the defendant's trial was scheduled to begin on the 180-day deadline. Rodgers, ¶ 30, 265 P.3d at 243. Five days before the scheduled trial date, though, the district court suspended proceedings at defense counsel's request for an evaluation of the defendant's mental competency to proceed. Id., ¶ 13, 265 P.3d at 239. After the evaluation was received and the defendant was declared competent to proceed, the court set a new trial date, with the trial to begin in about three months.
Rodgers, ¶ 30, 265 P.3d at 243.
[¶ 66] Mr. Castellanos has not shown a disregard for the requirements of Rule 48 in the district court's setting of the September 3, 2013, trial date or that he suffered substantial prejudice as a result of that setting. We find that the setting was made in the due administration of justice and thus conclude that the delay from March 22, 2013, when the suspension of proceedings was lifted, to September 3, 2013 does not count against the 180-day deadline.
[¶ 67] The final delay in Mr. Castellanos' trial occurred when on June 4, 2013, Defense Team Three moved to continue the trial for a period of six months to allow it additional time to prepare for the trial and in particular to prepare for the trial's penalty phase. Mr. Castellanos again objected to this continuance. The district court granted the requested continuance on July 8, 2013 and ruled that it was granting the continuance on its own motion in the due administration of
[¶ 68] Mr. Castellanos' original trial date of March 20, 2012, was 169 days after his arraignment and complied with the 180-day limit set by Rule 48(b). The delays in commencing trial that occurred after that setting do not count against the 180-day limit, and Mr. Castellanos was therefore brought to trial within the time specified by Rule 48(b). We thus find no Rule 48(b) violation.
[¶ 69] We turn next to the question of whether Mr. Castellanos' Sixth Amendment constitutional right to a speedy trial was violated. We have summarized our required analysis:
Ortiz, ¶ 39, 326 P.3d at 893.
[¶ 70] For purposes of a constitutional analysis, "the speedy trial clock begins to run at the time of arrest, information, or indictment, whichever occurs first." Ortiz, ¶ 40, 326 P.3d at 893 (citing Boucher, 2011 WY 2, ¶ 10, 245 P.3d at 349). "The right to a speedy trial `continues until the defendant is convicted, acquitted or a formal entry is made on the record of his case that he is no longer under indictment.'" Ortiz, ¶ 40, 326 P.3d at 893 (quoting Berry, 2004 WY 81, ¶ 32, 93 P.3d at 231).
[¶ 71] Mr. Castellanos was arrested on August 23, 2011, and convicted on March 7, 2014, resulting in a delay of 927 days. This delay is presumptively prejudicial and requires consideration of the remaining Barker factors. See Durkee v. State, 2015 WY 123, ¶ 15, 357 P.3d 1106, 1111 (Wyo.2015) (citing cases in which this Court found that delays of 562, 720 and 887 days are presumptively prejudicial and require analysis of the other three Barker factors).
[¶ 72] The second factor in the Barker analysis requires that we examine which party was responsible for the delay in bringing the defendant to trial. Miller v. State, 2009 WY 125, ¶ 40, 217 P.3d 793, 805 (Wyo.2009). "We weigh the delays caused by the State against those caused by the defendant, keeping in mind it is the State's burden to bring a defendant to trial in a timely manner and it must show that the delays were reasonable and necessary." Durkee, ¶ 16, 357 P.3d at 1112 (citing Harvey v. State, 774 P.2d 87, 95 (Wyo.1989)). "Delays attributable to competency evaluations fall into the `neutral' category in the Barker balancing test." Miller, ¶ 41, 217 P.3d at 805 (citing Potter, ¶¶ 30, 37, 158 P.3d at 664-65).
[¶ 73] With regard to delays caused by the defense, we have held that "[u]nquestionably, delays attributable to the defendant may disentitle him to speedy trial safeguards." Miller, ¶ 40, 217 P.3d at 805 (quoting Berry, ¶ 35, 93 P.3d at 232). Delays assigned to the defendant include "delays attributable to changes in defense counsel, to the defendant's requests for continuances, and to the defendant's pretrial motions." Durkee, ¶ 16, 357 P.3d at 1112 (quoting Ortiz, ¶ 42, 326 P.3d at 893). Because an attorney "is the defendant's agent when acting, or failing to act, in furtherance of the litigation, delay caused by the defendant's counsel is also charged against the defendant." Vermont v. Brillon, 556 U.S. 81, 91, 129 S.Ct. 1283, 1291, 173 L.Ed.2d 231 (2009) (quoting Coleman v. Thompson, 501 U.S. 722, 753, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991)) (footnote omitted); see also Berry, ¶ 35, 93 P.3d at 232 (noting that although delay caused by change in counsel due to counsel's hospitalization was beyond defendant's control, the delay nonetheless weighed against defendant).
[¶ 74] With regard to delays attributable to the State, we have said:
Durkee, ¶ 16, 357 P.3d at 1112 (quoting Berry, ¶ 36, 93 P.3d at 232).
[¶ 75] The delays in this case started with the following defense motions: a motion to continue the preliminary hearing to allow for discovery; motions to continue the arraignment; and a motion to extend the deadline for the State to declare whether it would seek the death penalty. As a result of these delays, the State did not file its death penalty election until December 27, 2011, just over four months after Mr. Castellanos' arrest. Shortly after the State made its death penalty election, on January 6, 2012, the defense filed a motion to continue the trial for a period of eighteen months to allow time both for trial preparation and for Defense Team One to obtain capital case training. The district court granted that continuance but not an eighteen-month continuance. It allowed a continuance to August 14, 2012—or close to a five-month continuance.
[¶ 76] Under our usual analysis, these delays caused by: 1) defense motions to continue the preliminary hearing and arraignment; 2) a defense motion to extend the deadline for the State's death penalty election; and 3) a defense motion to continue, are all attributable to the defense. Mr. Castellanos contends, however, that the entire period from August 23, 2011 to August 14, 2012, a period of 357 days, should be treated as a delay caused by the appointment of counsel not qualified to try a capital case, which he asserts resulted from a systemic breakdown of the Public Defender's Office. From this, Mr. Castellanos argues the delay must be attributed in its entirety to the State.
[¶ 77] Mr. Castellanos' argument that the delay from August 23, 2011 to August 14, 2012 must be attributed to the State can be broken down into several increments. First, Mr. Castellanos contends that when a public
[¶ 78] The record does not support Mr. Castellanos' argument. First, while this case clearly had the potential to become a capital case, it was not a capital case when Mr. Castellanos was arrested. As a result of defense motions delaying the State's death penalty election—motions to which Mr. Castellanos did independently object—the case did not become a capital case until December 27, 2011. Within two months of the State's death penalty election, the Public Defender's Office assigned capital case-qualified counsel. The record further shows that Defense Team Two and Defense Team Three, both of which were capital case-qualified, encountered significant difficulties in completing the defense mitigation investigation and could not have been prepared to go to trial on March 20, 2012, following the State's December 27, 2011, death penalty election. Thus, even had Defense Team One been capital case-qualified, the defense would not have been prepared to try the case less than three months after the State's election. The record simply does not support Mr. Castellanos' assertion that the delay between his arrest and the second trial setting is attributable to the assignment of counsel that was not capital case-qualified.
[¶ 79] The record likewise provides no support for the assertion of a systemic breakdown in the Public Defender's Office. At the outset of the case, the Public Defender assigned counsel she considered highly qualified and properly experienced to handle a case involving the serious charges filed against Mr. Castellanos. Additionally, she recognized the potential for the case to become a capital case and immediately retained a mitigation expert. Finally, she herself is qualified to supervise the representation in capital cases and was serving in a supervisory role in this case. On this record, we are unable to find a deficiency in the functioning of the Public Defender's Office or a systemic breakdown.
[¶ 80] The delays in this case up to the date of the State's death penalty election resulted from defense motions. The State did not contribute to any of these delays, including the extension of time to make its death penalty election. Likewise, the delay caused by the first defense continuance is attributable to the defense. The need for the continuance grew from the legitimate need for additional time to prepare for a case that required investigation of defenses for both guilt and penalty phases of the trial. Moreover, the State again contributed in no way to this delay and in fact objected to the continuance. For these reasons, we assign the early delays and the delay caused by the first continuance to the defense and weigh that delay against Mr. Castellanos' speedy trial claim.
[¶ 81] Mr. Castellanos' competency evaluations required a suspension of proceedings and a new trial date. The suspension of proceedings created a delay from August 14, 2012 to March 22, 2013, and the logistical difficulties of scheduling the trial required that the new trial date be set for September 3, 2013, five-plus months from the district court's order declaring Mr. Castellanos competent to proceed. Delays attributable to competency evaluations are considered neutral in the assignment of responsibility
[¶ 82] Mr. Castellanos again argues that we should deviate from our usual assignment of responsibility for delay and assign the entirety of the delay, from August 14, 2012 to September 3, 2013, to the State. We again disagree.
[¶ 83] Mr. Castellanos first argues the delay caused by the competency evaluations should be attributed to the State because defense counsel's request for the evaluations was a ruse to obtain a continuance to which Mr. Castellanos would not agree. We have reviewed the State Hospital's competency report, which detailed the communications from Mr. Castellanos that caused defense counsel to question his competency, and we find that defense counsel had a legitimate basis to request the first competency evaluation.
[¶ 84] Mr. Castellanos next argues that responsibility for the delay caused by the competency evaluations should shift to the State because the State Hospital took too long to complete its evaluation and report, requiring two thirty-day extensions to complete its work. The sole authority Mr. Castellanos cites in support of this argument is a federal case interpreting a provision of the federal Speedy Trial Act that specifically set time limits on completing competency evaluations. See United States v. Dellinger, 980 F.Supp.2d 806 (E.D.Mich.2013). We have no similar statutory requirement, and we find no inherent unreasonableness in the time it took the State Hospital to complete its evaluation and report. We thus reject this proposed shifting of assignment for the delay to the State.
[¶ 85] The delay from August 12, 2012 to March 22, 2013 for Mr. Castellanos' competency proceedings is a neutral delay. The delay from March 22, 2013 to September 3, 2013, attributable to finding a four-week opening in the district court's docket and accommodating the trial logistics, is assigned to the State but not weighted heavily.
[¶ 86] The final delay we must consider is the delay from September 3, 2013 to March 7, 2014. This delay was caused by a defense continuance, to which the State objected. The reason for the continuance was again defense counsel's legitimate need for additional time to prepare for trial, to prepare a defense mitigation case made difficult by the location of witnesses and records, and to secure the presence of defense mitigation witnesses. Also contributing to the need for this continuance was the change in defense counsel and Mr. Castellanos' refusal to work with Defense Team Two or the defense mitigation expert from the date of Defense Team Two's request for a competency evaluation and until new counsel was appointed. This delay is attributable to and must be assigned to the defense. This delay weighs against Mr. Castellanos' speedy trial claim.
[¶ 87] There is no question that Mr. Castellanos asserted his right to a speedy trial. Defense counsel notified the district court that Mr. Castellanos would not waive his speedy trial right as early as October 26, 2011, during the hearing on the defense motion to extend the deadline for the State's death penalty election. He then repeatedly asserted his right including in his objections to defense continuances. This factor
[¶ 88] The fourth factor requires that we consider whether the delay prejudiced Mr. Castellanos. Our analysis requires that we consider: "(1) lengthy pretrial incarceration; (2) pretrial anxiety; and, (3) impairment of the defense." Ortiz, ¶ 59, 326 P.3d at 896 (quoting Berry, ¶ 46, 93 P.3d at 237). "Pretrial anxiety `is the least significant' factor and because a `certain amount of pretrial anxiety naturally exists,' an appellant must demonstrate that he suffered `extraordinary or unusual' pretrial anxiety." Potter, ¶ 41, 158 P.3d at 666 (quoting Whitney v. State, 2004 WY 118, ¶ 54, 99 P.3d 457, 475 (Wyo.2004)). "The impairment of defense factor is the most serious because it impacts the defendant's ability to prepare his case and skews the fairness of the entire system." Durkee, ¶ 37, 357 P.3d at 1116. Where a defendant is responsible for the delay, "he bears the burden of demonstrating actual prejudice." Whitney, ¶ 55, 99 P.3d at 475 (quoting United States v. Lam, 251 F.3d 852, 859-60, amended by 262 F.3d 1033 (9th Cir.), cert. denied, 534 U.S. 1013, 122 S.Ct. 503, 151 L.Ed.2d 413 (2001)); see also Sisneros v. State, 2005 WY 139, ¶ 28, 121 P.3d 790, 800 (Wyo.2005) (that defendant's actions "led to a significant amount of the delay weighs against a finding of presumed prejudice" and defendant thus "has the burden of showing actual prejudice").
[¶ 89] The record supports Mr. Castellanos' claims of prejudice relating to his pretrial incarceration and his pretrial anxiety. His pretrial incarceration was 910 days, which undoubtedly resulted in a loss of relationships, employment, and assets. Mr. Castellanos also points to detailed record support relating to his pretrial anxiety. We find, and the State concedes, that these factors weigh in favor of Mr. Castellanos' speedy trial claim.
[¶ 90] We turn then to the question of whether the delay impaired Mr. Castellanos' defense. Our inquiry for this prong of the prejudice analysis is whether the delay resulted in a loss of evidence or impaired the defense by the "death, disappearance, or memory loss of witnesses for the defense." Ortiz, ¶ 62, 326 P.3d at 896. We find no impairment of Mr. Castellanos' defense and in fact conclude to the contrary that the delay worked to his benefit.
[¶ 91] In his brief on appeal, Mr. Castellanos cites to harms from: evidence that had not been tested as of September 13, 2013; a lack of access to fresh evidence; lost evidence; and inconsistencies accompanying changes in counsel. These are all bare allegations with no identification of evidence that was lost, stale or untested, no identification of the alleged inconsistencies stemming from changes in counsel, and no explanation of how any of this impaired the defense. These allegations are insufficient to establish impairment of Mr. Castellanos' defense. See McEwan, ¶ 28, 314 P.3d at 1168 (rejecting claim that 870-day delay impaired defense where defendant failed to identify unavailable witnesses, the nature of their anticipated testimony, or when they became unavailable); Strandlien v. State, 2007 WY 66, ¶ 18, 156 P.3d 986, 992 (Wyo.2007) (rejecting claim that 762-day delay impaired defense where defendant failed to show further testing of destroyed blood sample would have yielded a lower BAC).
[¶ 92] The delay in bringing Mr. Castellanos to trial gave his defense team additional time to investigate and prepare his mitigation defense for the penalty phase of his trial and ensure the presence of important mitigation witnesses. This time plainly served to benefit Mr. Castellanos because his mitigation defense was successful and the jury elected not to impose the death penalty.
[¶ 93] The State did not directly contribute to any delay in this case and objected to each defense continuance. The only delay we assign to the State is the delay associated with fitting Mr. Castellanos' lengthy trial into the court's docket, and that delay is not heavily weighted against the State. The majority of the delay in this case is attributable to the defense and in particular to the complexity of the defense mitigation
[¶ 94] Balancing the Barker factors, we hold that there was no violation of Mr. Castellanos' right to a speedy trial. Although the delay in bringing Mr. Castellanos to trial was certainly long, most of that delay is attributable to the defense, and the benefits of the delay outweighed any prejudice to Mr. Castellanos. We conclude that the delay did not substantially impair Mr. Castellanos' right to a fair trial and was not unreasonable under the circumstances of this case. See Durkee, ¶ 51, 357 P.3d at 1118 ("Under Barker, the delay was not unreasonable, i.e., it did not substantially impair [the defendant's] right to a fair trial.").
[¶ 95] In his second claim of error, Mr. Castellanos argues that he was denied effective assistance of counsel because of Defense Team One's deficient performance. "Claims of ineffective assistance of counsel involve mixed questions of law and fact and are reviewed de novo." Rhodes, ¶ 28, 348 P.3d at 413 (citing Ortega-Araiza v. State, 2014 WY 99, ¶ 5, 331 P.3d 1189, 1193 (Wyo.2014)). An ineffectiveness of counsel claim requires that a defendant make certain showings:
Sanchez v. State, 2011 WY 77, ¶ 40, 253 P.3d 136, 147 (Wyo.2011); see also McGarvey v. State, 2014 WY 66, ¶ 14, 325 P.3d 450, 455 (Wyo.2014) (to make required showing of prejudice, defendant must show that, absent alleged deficiency, it is reasonably probable that the result of his trial would have been more favorable to him).
[¶ 96] We have further stated:
Eaton v. State, 2008 WY 97, ¶ 132, 192 P.3d 36, 92 (Wyo.2008); see also Hibsman v. State, 2015 WY 122, ¶ 15, 355 P.3d 1240, 1244 (Wyo.2015) (quoting Sen v. State, 2013 WY 47, ¶ 39, 301 P.3d 106, 121 (Wyo.2013)) ("If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.").
[¶ 97] Mr. Castellanos argues that Defense Team One was ineffective because 1) the attorneys on the team lacked capital case training and experience; 2) the attorneys were unprepared at the arraignment hearing; 3) the attorneys failed to submit a mitigation letter to the prosecutor; and 4) the attorneys were unprepared for a hearing on their motion to disqualify the special prosecutor assigned to the case. We find it unnecessary to address the first prong of the ineffectiveness standard, whether Defense Team One's performance was deficient, because Mr. Castellanos has not established that he was prejudiced by any of these alleged deficiencies in Defense Team One's performance.
[¶ 99] We have repeatedly stated that a claim of prejudice must be supported by more than bald assertions or speculation. Galbreath v. State, 2015 WY 49, ¶ 10, 346 P.3d 16, 20 (Wyo.2015) (bald assertions that prejudice occurred insufficient to demonstrate prejudice); Peterson v. State, 2012 WY 17, ¶ 10, 270 P.3d 648, 653 (Wyo.2012) ("In order to satisfy his burden of proving counsel rendered constitutionally ineffective assistance, [defendant] must provide more than mere speculation or equivocal inferences."). In this case, bald assertions and speculation are all Mr. Castellanos offers in the way of prejudice and we therefore reject his ineffective assistance of counsel claim.
[¶ 100] In his final claim of error, Mr. Castellanos contends that the district court abused its discretion in denying Mr. Castellanos' challenges for cause against two jurors, forcing him to use peremptory challenges that he would otherwise have used on two other jurors who remained on the jury. We find no reversible error.
[¶ 101] Mr. Castellanos challenged Juror No. 392 and Juror No. 361 for cause based on statements they made during jury selection that suggested they would have difficulty imposing a life sentence rather than the death penalty if they found Mr. Castellanos guilty of first degree murder. Mr. Castellanos then used peremptory challenges to have both jurors dismissed. After the jury was selected, counsel for Mr. Castellanos objected to the panel in the following exchange with the court:
[¶ 102] We have articulated the following analysis and standard of review for jury selection claims:
Carothers v. State, 2008 WY 58, ¶ 4, 185 P.3d 1, 4 (Wyo.2008).
[¶ 103] We have also addressed the circumstance where a challenge for cause of a juror is denied and a peremptory challenge is then used to dismiss the challenged juror:
Klahn, ¶ 21, 96 P.3d at 484.
[¶ 104] To show prejudice, a defendant must show that his use of a peremptory challenge to cure the denial of the challenge for cause was harmful error, meaning "there is a reasonable possibility that the verdict might have been more favorable to the defendant" if he had not been forced to so use the peremptory challenge. Klahn, ¶ 20, 96 P.3d at 483. To make that showing, the defendant must demonstrate "that the jury was not impartial and that he was denied a fair trial." Id., ¶ 20, 96 P.3d at 484.
[¶ 105] Mr. Castellanos has not made the showing required for reversible error. First, Mr. Castellanos passed both Juror No. 153 and Juror 420 for cause. We have recognized that this is certainly a strong indication of the jurors' impartiality:
[¶ 106] Additionally, with respect to Juror No. 420, Mr. Castellanos' stated concern was the juror's willingness to consider mitigation evidence. Given that the jury did not impose the death penalty, Mr. Castellanos' concerns did not come to pass and he suffered no harm from the presence of this juror on the jury.
[¶ 107] With respect to Juror No. 153, Mr. Castellanos alleges that his presence on the jury was harmful because Juror No. 153's wife used to work for the Laramie County District Attorney's Office and his mother still worked there, suggesting a potential bias, and he indicated on his jury questionnaire that according to what he had heard about
[¶ 108] Juror No. 153's wife stopped working at the Laramie County District Attorney's Office in 2009, and his mother's current employment there is a tenuous connection on which to find bias. That connection is made even more tenuous by the fact that the Laramie County office was not prosecuting the case. The Natrona County District Attorney was serving as special prosecutor, and the Laramie County office simply had no role. With respect to Juror No. 153's statement on the jury questionnaire, his answers during voir dire alleviated concerns regarding his impartiality. He indicated that based on his background as an auditor, he tends "not to make a decision or form an opinion on something until I—until I see data or evidence to, you know, help me in that decision." He also responded that he did not expect Mr. Castellanos to prove anything to him when asked that question. Given this record, Mr. Castellanos has not shown that Juror 153 was unable to render a fair and impartial verdict.
[¶ 109] Mr. Castellanos did not make a showing that Jurors Nos. 153 and 420 were unable to render a fair and impartial verdict. He therefore has failed to establish reversible error in the forced use of his peremptory challenges to remove jurors he contended should have been dismissed for cause.
[¶ 110] Mr. Castellanos' right to a speedy trial was not violated by the delay in bringing him to trial, and we also reject his claims of ineffective assistance of counsel and errors in the jury selection process. Affirmed.
Wyo. Stat. Ann. § 7-11-303(d) (LexisNexis 2015).
It is not clear to this Court what Mr. Castellanos is suggesting with respect to the motive to have his case scheduled on another judge's docket. If the suggestion is that this was a way to further delay the trial, the record does not support the assertion. Judge Arnold granted the six-month continuance and then assigned the case to Judge Campbell. Judge Campbell set a February 18, 2014 trial date, which was about a half of a month earlier than the six months granted, and there were no further delays. The trial began on that date.