COA: State didn't bring man to trial within 1 year

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The Indiana Court of Appeals reversed the denial of a defendant's motion for discharge under Indiana Criminal Rule 4(C), finding the state failed to bring him to trial within one year.

In Delmar Caldwell v. State of Indiana, No. 75A03-0908-CR-393, Delmar Caldwell appealed the denial of his motion to discharge after the trial court found the one-year period to bring him to trial for an alleged drunk driving offense in July 2007 hadn't begun to run until he was ordered to appear by summons for his initial hearing in February 2009.

Caldwell was arrested July 4, 2007, and charges were filed July 10, 2007. A warrant for his arrest and subsequent summons to be issued for Caldwell's appearance were prepared by the clerk of the court, but never delivered to the sheriff for service. Caldwell only learned of the Feb. 13, 2009, initial hearing on his case from a friend who saw his name on the court docket. Caldwell appeared and pleaded not guilty. His trial was set for April 29, 2009.

Under Criminal Rule 4(C), the state had to bring Caldwell to trial by July 10, 2008; the state argues the later of the triggering dates under the rule was his appearance at the Feb. 13 hearing. The state based its opinion on State ex rel. Penn v. Criminal Court of Marion County, Division III, 270 Ind. 687, 389 N.E.2d 21 (1979), in which the Indiana Supreme Court upheld the denial of a defendant's motion for discharge. In Penn, the defendant was arrested after the filing of charges.

But the Court of Appeals instead followed the holdings of Holt v. State, 262 Ind. 334, 316 N.E.2d 362 (1974), and Maxey v. State, 265 Ind. 244, 353 N.E.2d, 457 (1976). In those cases, just as in Caldwell's case, the defendants were arrested before the filing of indictments against them, so the filing of the charges were the start of the one-year period to bring them to trial.

A voluntary appearance at an initial hearing isn't a triggering event under Criminal Rule 4(C). The appellate court also rejected the state's argument that Caldwell's appearance at the hearing was the first time he was under authority of the court.

"Finally, under the State's argument, the State's delay in effecting a second arrest subsequent to the filing of the formal charges would extend the commencement of the one-year period indefinitely and would undermine the very purpose that Crim.R. 4(C) was designed to accomplish - the constitutional guaranty of a speedy trial," wrote Judge James Kirsch.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.