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COA: Trial delays not defendant's fault

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The Indiana Court of Appeals reversed the denial of a motion for discharge pursuant to Criminal Rule 4(C) because the court incorrectly attributed delays to the defendant.

In Chad Gibson v. State of Indiana, No. 06A04-0903-CR-150, Chad Gibson filed a motion for discharge on July 31, 2008, because more than a year had passed since charges were first filed against him. He was charged in April 2007 with operating while intoxicated and operating a vehicle with at least 0.15 percent blood alcohol content.

Chronological case summary entries showed between July 23, 2007, and May 5, 2008, Gibson was granted several continuances and the bench trial/status was reset. During those times, Gibson never entered the courtroom, didn't ask for a continuance, and only met with a prosecutor about a possible plea agreement. In May 2008, Gibson requested a contested bench trial, which was set for July 25, 2008. The bench trial was later moved to Oct. 10, 2008, based on Gibson's counsel planning on filing a written motion for continuance. The written notice was never submitted.

At trial Gibson was found guilty and sentenced to one year, all suspended to probation.

The trial court, in denying Gibson's motion, attributed the delays to Gibson based on the CCS entries stating "Defendant is granted a continuance." While the CCS is the official record of the trial court, it's not an accurate record of what occurred in the instant case, the appellate court ruled.

A defendant can overcome the presumption that the trial court finding of court congestion is valid by showing the finding was factually or legally inaccurate, wrote Judge Margret Robb. Gibson testified at the discharge hearing he never requested a continuance and appeared in court twice to accept a guilty plea offered by the state, but it wasn't able to be completed. On Feb. 11, 2008, the prosecutor assigned to his case wasn't at court. The trial court even acknowledged the CCS entry for that date was erroneous in stating Gibson was granted a continuance, wrote the judge.

There's also no indication Gibson ever did anything within the one-year period to prevent the state from bringing him to trial. The trial court claimed the CCS entries make it clear that all but one of the re-settings were the result of Gibson's action, but the CCS entries in the instant case weren't reliable, wrote Judge Robb. Also, the trial court's decision effectively placed the burden on Gibson to ensure he was brought to trial within one year. On May 5, 2008, when he requested a contested bench trial be set, the one-year period had already run so he had no obligation to object to the setting of the trial date, she wrote.

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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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