ILNews

COA tosses in absentia conviction of Army private

Back to TopCommentsE-mailPrintBookmark and Share

A 20-year-old U.S. Army private had his conviction for underage drinking overturned because Hendricks Superior Court denied his motion for a continuance and held the trial while he was deployed in Afghanistan.

William Calvert was charged with illegal consumption of alcohol by a minor, a Class C misdemeanor, after the Hendricks County Sheriff’s Department found him and his friends drinking at a Plainfield residence.

The trial date was rescheduled several times both by the court acting on its own and by the defense attorney. One day before the hearing was set to begin, Calvert’s lawyer again notified the court that the defendant was serving overseas and filed another motion for a continuance.

The prosecution objected, noting the several previous continuances were creating an undue hardship for the state’s witness. The trial court denied the defense motion and proceeded to try Calvert in absentia. Subsequently, Calvert was found guilty and sentenced to 60 days and 58 days suspended.

Calvert appealed, arguing the trial court erred when it tried him in absentia.

The Indiana Court of Appeals agreed and reversed the conviction in William T. Calvert v. State of Indiana, 32A01-1312-CR-535.
 
“Here, Calvert’s deployment to Afghanistan justified a continuance of his trial,” Judge Edward Najam wrote for the court. “The State of Indiana cannot compel a defendant’s presence for a judicial proceeding while, at the same time, the United States compels his absence for active duty in military service overseas.”

The Court of Appeals was not persuaded by the state’s argument against the continuance because of the inconvenience the delay would cause for its witness. The COA noted any hardship was outweighed by the prejudice suffered by Calvert when he was denied the opportunity to be present at his trial.

 

ADVERTISEMENT

  • Diversify!
    Send Indiana another thousand Central America illegals ... we already have the legal system to which they are well accustomed. A banana republic without home grown bananas.
  • Deputy Prosecutor James Bryan Should Be Reported to the Disciplinary Commission
    This is quite heinous, from the COA opinion: ". . . the prosecuting attorney misrepresented to the trial court the timing of Calvert’s enlistment in the Army and his motion to continue the June trial, both of which facts were readily ascertainable." It appears Bryan actually told the court that the kid joined the Army after he was arrested , suggesting he did so to avoid prosecution. In fact, the private was an active duty soldier on leave at the time of his arrest. What a scumbag prosecutor.
  • Agreed
    To clarify, I agree with John Smith's comment: "The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW"
  • Agreed
    Wholeheartedly agree with this comment.
  • Legal preferences
    Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.
  • prosecutorial foolishness
    The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

    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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

    2. Planned Parenthood has the government so trained . . .

    3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

    4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

    5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

    ADVERTISEMENT