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COA affirms man’s speedy trial request not violated

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The Indiana Court of Appeals Thursday affirmed the 25-year sentence handed down to a man whose erratic driving led police to pull his vehicle over and discover cocaine on the passenger. The judges found his right to a fast and speedy trial was not violated and the evidence supports that he jointly possessed the cocaine.

When police pulled over James Littrell’s minivan, they discovered Littrell’s passenger, Jackie Rumler, had a bag of cocaine in her shorts. Littrell denied that he purchased the drug but admitted to using it earlier in the day. A drug test found cocaine in his system.

He was charged with possession of cocaine within 1,000 feet of a school as a Class B felony and other charges. He pleaded guilty to those charges, with the exception of the possession charge and being a habitual offender. He requested a speedy trial on those charges. The state sought an extension within the 90-day period because it was waiting on a blood test. The trial date was set for 112 days after the extension was granted and 152 days after Littrell’s original request.

He argued in James S. Littrell v. State of Indiana, 79A02-1401-CR-24, that the extension was calculated from the wrong starting date, but the appellate court said his right to a fast and speedy trial was not violated because the trial was set within the 90-day extension. The extension begins at the expiration of the original 70-day time period, the judges held, based on the Criminal Rule 4(D)’s use of the phrase “additional ninety (90) days.”

The judges also found his actions and statements lead to a reasonable inference he jointly possessed the cocaine. He admitted he had “shared the baggy” with Rumler, had handled it, and told her to put the baggy in her clothing.

“Littrell clearly had knowledge of the drugs’ location because he told the officers about the cocaine. Based on this evidence, a reasonable fact-finder could conclude that Littrell was in constructive possession of the cocaine,” Judge John Baker wrote.

The judges also found his aggregate 25-year sentence to be appropriate given his criminal history, threats made to the arresting officers, past drug use and failure to complete drug treatment programs.  

The COA remanded for correction of his guilty plea and sentencing orders because they show that Littrell pleaded guilty to operating a vehicle while having a Schedule I or Schedule II controlled substance in the body as a felony, when in fact the offense is a misdemeanor.
 

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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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