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COA tosses in absentia conviction of Army private

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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.

 

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  • 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

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    1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

    2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

    3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

    4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

    5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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