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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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