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Federal incarceration doesn't count toward speedy trial clock

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The Indiana Court of Appeals has upheld a Marion Superior judge’s decision not to dismiss charges against a man who alleged his constitutional right to a speedy trial was violated because the state didn’t bring his case to trial within a year, as required by Rule 4(C) of the Indiana Rules of Criminal Procedure.

In Lance McCloud v. State of Indiana, No. 49A05-1102-CR-77, the appellate court looked at the case of a man arrested Oct. 15, 2009, and charged the following day with four misdemeanor offenses. Lance McCloud requested an early trial pursuant to Criminal Rule 4 and obtained a bond release from jail. The state obtained a continuance when the parties appeared for trial Nov. 30, 2009.

McCloud failed to appear at the rescheduled trial date on Feb. 9, 2010, and an arrest warrant was issued. It was discovered that McCloud had been on federal probation for a handgun offense at the time he was arrested in Indiana on the misdemeanors, and that probation violation led to his federal incarceration until September or early October 2010.

Despite his 10-month federal imprisonment and the delays that caused at the Indiana trial level, McCloud’s counsel argued the state was required to bring him to trial on the misdemeanors before Oct. 15, 2010.  The trial court agreed with the state’s contention that the federal prison delays should not count against the state and that the trial date could be extended, and the trial court denied McCloud’s motion to dismiss the charges before the Jan. 7, 2011, trial began. This interlocutory appeal ensued.

The Court of Appeals disagreed with McCloud’s claim that he was back in Indiana before the one-year deadline and should have been tried in the week prior to that date. The fact that he was back in Indiana before the date didn’t impact his 10-month absence, which was a delay he specifically caused. The appellate panel also found that the state wasn’t adequately notified about McCloud’s whereabouts by receiving a surety release petition in early 2010, and that didn’t restart the Rule 4 clock.

In using a four-prong test examining the length and reason for the delay, the appellate court found that on balance McCloud’s right to a speedy trial wasn’t violated because he caused the federal incarceration that delayed his Indiana misdemeanor proceedings.

 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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