ILNews

COA: Trial delays not defendant's fault

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

ADVERTISEMENT