ILNews

Clay County man entitled to discharge because of ruling delays

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals found that Scott F. West is entitled to discharge under Indiana Criminal Rule 4(C) because he was held to answer on marijuana charges for more than a year without a trial date while his motion to suppress awaited a ruling.

West was charged in June 2009 and moved to suppress evidence in December 2009. A trial date set for March 1, 2010, was pushed back as well as the suppression hearing originally scheduled for February 2010. In June 2010, the court invited West to request a continuance to allow time for post-hearing submissions and the court’s ruling regarding the motion to suppress.

Then the case sat for a year with no activity. The original judge, Clay Circuit Judge Joseph Trout, was removed, and Judge Blaine Akers was appointed special judge in November 2011. In December 2011, West moved for discharge under Rule 4(C), which Akers denied.

On interlocutory appeal, the Court of Appeals reversed. Even though West’s motion to suppress caused the initial delay in the original trial date, the year that passed with no activity before West sought a new judge can not be attributed to West, Senior Judge Randall Shepard wrote in Scott F. West v. State of Indiana, 11A01-1203-CR-123.

The appellate court rejected the state’s claim that West caused the delay by asking the court for an indefinite continuance of the June 14, 2010, trial date during the June 2010 suppression hearing. The court prompted him to move for the continuance, Shepard pointed out, and the transcript of the hearing shows that the parties and the court expected that a trial wouldn’t be set until the court ruled on the suppression motion. It was reasonable for West to expect the court would rule on his motion and that he would, if necessary, be timely tried.

The state had to bring West to trial within one year under Rule 4(C). It could have filed a praecipe under Trial Rule 53.1 for withdrawal of submission and transfer to the Supreme Court to appoint a special judge; West was not obliged to ask for a trial date, Shepard wrote.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Because one post with all of their names just would not do? https://www.youtube.com/watch?v=EvGJvzwKqg0

  2. Hello Jackie, Please go to 'LILLY BLACK" GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA. I have a post there where i will be requesting a meeting with the Indiana Senators. We all know there is power in numbers. Please say you will go or you can private message me. WE MUST NEVER GIVE UP ON OUR GRANDCHILDREN. WE ARE GETTING CLOSER.We have to stop this EMOTIONAL & MENTAL ABUSE. PLEASE JOIN ME IN THIS IMPORTANT FIGHT! THANK YOU JACKIE

  3. Hello KRISTI PAYNE, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! PLEASE HELP ME BE A VOICE!!! THANK YOU KRISTI PAYNE

  4. Hello Cheryl, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! THANK YOU CHERYL

  5. Hello Cheryl, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! THANK YOU CHERYL

ADVERTISEMENT