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Appeals court: Felon waived speedy trial, judge challenges

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A man convicted of multiple felonies lost his appeal when the court determined he had not objected to matters raised in the appeal during his jury trial or sentencing.

The defendant in Joshua A. Bostic v. State of Indiana, 12A02-1202-CR-154, was convicted in Clinton Superior Court of Class C felony charges of attempted battery by means of a deadly weapon and criminal recklessness; Class D felony arson; Class A misdemeanor criminal mischief; and Class B misdemeanor criminal mischief. He also was determined to be a habitual offender.

On appeal, Bostic argued that the charges against him should have been dropped because the jury trial was scheduled more than a year after he was charged and arrested, and that a special, senior judge should not have been appointed in his case.

The Court of Appeals affirmed Bostic’s conviction and aggregate 20 year sentence with 16 years executed in a unanimous decision written by Judge Rudolph R. Pyle III.

Bostic, who was incarcerated in Tippecanoe County at the time the Clinton County charges were filed, was charged in February 2010, but his trial didn’t begin until January 2012. Criminal Rule 4(C) provides that a charged party must be brought to trial within one year of arrest or charge if the proceedings are delayed through no fault of the defendant.

But Pyle wrote that because Bostic didn’t object when the court rescheduled his trial beyond a year after charges were filed, “We need not calculate the number of days chargeable to each party, because here, at no point during his proceedings, did Bostic file a motion for discharge under Criminal Rule 4(C) or object to the trial court’s setting of any of his trial dates. Accordingly, he has waived his claim that Criminal Rule 4(C) was violated.”

Likewise, Bostic didn’t raise objections at the trial court relating to the process for appointment of Senior Judge Thomas Milligan, so the issue is not preserved for appeal.

The judges remanded the case to correct the sentencing order, abstract of judgment, and chronological case summary to reflect that Bostic’s 12-year habitual offender enhancement is an enhancement to his sentence for felony criminal recklessness, and not a separate conviction.


 

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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