ILNews

Court: Conference constitutes 'congestion'

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A Marion Superior judge didn't err by continuing a jury trial because a mandatory judicial conference resulted in too few judges and magistrates being available, the Indiana Supreme Court has reiterated in an order.

In the order issued Oct. 16, justices denied a woman's request for a writ of mandamus.

The case involved a woman's felony domestic battery charge and the subsequent speedy trial she requested. After her arrest in July and a bond hearing that month, she made the procedural request and the trial court - Marion Superior Criminal Division 16 - set her trial for Sept. 17. However, there were too few judicial officers available to handle Roxie Brown's trial because the court calendar didn't lighten as usual and a statutorily mandated Indiana Judicial Conference in Indianapolis Sept. 16-18.

Judge Kimberly Brown continued the proceeding because of court congestion until the "next earliest reasonable time" - Oct. 22; after hearings denying a change, Roxie Brown filed a writ request Oct. 5.

Roxie Brown argued that the trial court's scheduling of her hearing on one of the conference dates rendered the trial date "meaningless" and said she should be released through speedy trial Criminal Rule 4(b), which requires a trial within 70 days unless there's a reasonable continuance or another specific delay. But the Indiana Attorney General's Office disagreed, writing in its opposition brief that the notion was absurd and court officers could have been available if they'd been able to condense the calendar, as often happens in the months between the scheduling and the proceeding itself.

The issue isn't new. The Indiana Court of Appeals considered the issue more than a decade ago, when it decided Sholar v. State, 626 N.E.2d 547, 549 (Ind. 1993). That decision found no abuse in a trial court's discretion by delaying the trial because of a judicial conference judges and magistrates were required to attend.

If Roxie Brown continues to dispute the scheduling and continuance of her speedy trial process, the AG's Office suggested in its brief that she could raise the issue on appeal.

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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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