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Attempted ‘hybrid’ defense delay didn’t violate speedy trial rule

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A criminal defendant who filed motions on his own behalf and who also had consented to appointment of a special public defender was not denied a speedy trial when a delay of more than 70 days occurred, the Court of Appeals ruled Tuesday.

Timothy Schepers brought an interlocutory appeal on the argument that a violation of Criminal Rule 4 had occurred in Timothy Schepers v. State of Indiana, 22A01-1201-CR-39.

Schepers was charged in May 2011 with several drug offenses and a Class C felony count of neglect of a dependent. After he dismissed his first public defender, a special public defender was appointed for Schepers. When Floyd Circuit Judge J. Terrence Cody set the trial date for Oct. 31, 2011, Schepers filed a pro se motion to dismiss the charges, claiming a violation of speedy-trial requirements. The trial court denied his motion.

“Schepers was still represented by counsel when he filed his pro se motions, and Schepers’s filing of those motions did not amount to a request to proceed with hybrid representation,” the Court of Appeals held in a unanimous nine-page order. “Additionally, Schepers’s subsequently-appointed counsel acquiesced to a trial date that was set beyond the seventy-day rule. For these reasons, we conclude that the trial court properly denied Schepers’s motion to dismiss. We therefore affirm and remand this cause for trial.”

The court cited the standard of Jenkins v. State, 809 N.E.2d 361, 367 (Ind. Ct. App. 2004), holding that when counsel is appointed, a criminal defendant speaks to the court through his attorney. “Schepers did not clearly and unequivocally assert his right to self-representation. Therefore, the trial court properly denied Schepers’s motion to dismiss on this basis,” Judge John Baker wrote for the panel.
 





 
    

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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