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Court splits over motion for discharge ruling

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An Indiana Court of Appeals judge dissented from his colleagues in a Criminal Rule 4(B) motion for discharge case, disagreeing with the interpretation of language in Jenkins v. State regarding the relevant time for purposes of determining whether a defendant can file a pro se motion for a speedy trial.

In Corey Fletcher v. State of Indiana, No. 79A02-1009-CR-1096, Corey Fletcher was charged Oct. 28, 2009, with various drug offenses. A public defender was appointed for him Feb. 19, 2010, and he was scheduled to go to trial May 11, 2010. Two weeks later, the appointed public defender was removed and the court appointed a new public defender. That same day, Fletcher filed a pro se motion for a fast and speedy trial. Fletcher’s new public defender didn’t file an appearance form until March 5, 2010, three days after Fletcher filed the pro se motion.

At a telephone status conference in April, Fletcher’s attorney objected to resetting the trial date past May 11. On May 12, the attorney filed a motion for discharge under Ind. Criminal Rule 4(B), which was denied. Fletcher was later convicted of two of the charges.

The issue is whether the trial court improperly denied Fletcher’s motion to discharge. The majority, after analyzing Jackson v. State, 663 N.E.2d 766, 769 (Ind. 1996), Underwood v. State, 722 N.E.2d 828, 832 (Ind. 2000), and Jenkins v. State, 809 N.E.2d 361 (Ind. Ct. App. 2004), ruled the trial court did err. The majority disagreed with the holding in Jenkins to the extent that it implies that the appointment of counsel and not the appearance of counsel is the relevant time period for determining whether a defendant may file a pro se motion for a speedy trial.

The state had argued that, as was ruled in Underwood, “once counsel was appointed, Defendant spoke to the court through counsel.” Judge Ezra Friedlander agreed with the state’s position, writing in his dissent that Fletcher didn’t clearly object to the appointment of counsel, nor did he unequivocally express that he wanted to proceed with a hybrid representation, so it leads to the conclusion Fletcher acquiesced in representation by appointed counsel.

Because counsel had been appointed before Fletcher filed his early trial motion, the court wasn’t required to accept the motion for filing or grant it, he wrote.

The majority reversed the denial of Fletcher’s motion for discharge.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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