the attorney general against the State. The State relies on State v. Wittgenstein, 1995-NMCA-010, 119 N.M. 565, 893 P.2d 461, for the proposition that delay resulting from a defendant’s own motion may not be weighed against the State. Although Wittgenstein, having addressed the delay caused by judicial review, does not stand for this proposition, we recognize the validity of the notion that the time required to respond to or hear a defendant’s motion generally does not count against the government. See id. ¶ 14 (addressing the delay caused by the defendant’s having sought collateral review of a matter in federal court); see also Garza, 2009-NMSC-038, ¶ 27 (weighing neutrally the time taken to oppose pretrial motions); State v. Grissom, 1987-NMCA-123, ¶ 34, 106 N.M. 555, 746 P.2d 661 (<HOLDING>). {36} In this case, however, the district
holding that foreign states prosecution did not bar subsequent florida prosecution for same conduct holding that malicious prosecution claim accrues when underlying prosecution is terminated recognizing that djelay arising from hearing the defendants motions not caused by the prosecution is not weighed against the prosecution in a speedy trial analysis holding that a defendants failure to assert the right to speedy trial must be weighed against him in barker analysis holding that a  1983 due process claim that essentially contests the fairness of the plaintiffs prosecution  is  similar to his malicious prosecution claim and claims resembling malicious prosecution do not accrue until the prosecution has terminated in the plaintiffs favor 