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Court affirms delay in jury trial for congestion

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The Indiana Court of Appeals rejected a defendant's arguments that because his request for a speedy trial was in writing, his trial should take priority over another man's trial scheduled for the same day.

In Daniel E. Wilkins v. State of Indiana, No. 02A03-0804-CR-190, the appellate court affirmed Daniel Wilkins' convictions of robbery, criminal confinement, and unlawful possession of a firearm by a serious violent felon. The Court of Appeals ruled the trial court didn't violate his right to a speedy trial when it delayed Wilkins' jury trial on a finding of court congestion.

Wilkins' request for a speedy trial was granted and his trial was scheduled for Nov. 7, 2007. At a pretrial conference, the court discovered a scheduling conflict with the defense counsel and prosecutors because the trial of Leon Kyles was scheduled the same day and they were to appear in that trial, too.

On Nov. 7, the trial court continued Wilkins' trial due to court congestion when it discovered that Kyles had asked for an early trial one day before Wilkins. With no objection, Wilkins' trial was rescheduled and he was convicted in February 2008.

Since Wilkins didn't raise an objection, he waived his claim on appeal. However, his appeal would also fail because he didn't show the court erred in delaying his trial due to court congestion. Wilkins argued that his request should have taken priority because his and Kyles' requests were made "virtually at the same time" and he made his request in writing whereas Kyles made a verbal request.

The Court of Appeals rejected his argument because Ind. Criminal Rule 4(B) makes no requirement that requests be made in writing and the motions were not filed at the same time. The appellate court also found Wilkins' reliance on Bowers v. State, 717 N.E.2d 242, 245 (Ind. Ct. App. 1999), to be misplaced.

The issue of whether appellate delays constitute court congestion or an emergency as it relates to a defendant's speedy trial rights is currently pending before the Indiana Supreme Court. The high court granted transfer in August 2008 to Robert J. Pelley v. State, No. 71A05-0612-CR-726, in which the Court of Appeals reversed Pelley's four murder convictions and held the state's interlocutory appeal was chargeable to the state for purposes of the speedy trial rule, thus making Pelley entitled to a discharge.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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